Any Customer is deemed to be a party to this Agreement.

The Agreement

This Agreement is the contract between Make My Shoes Pty. Ltd., (“us”, “we”, “ours” and the like), and

Any Customer of ours (“you” “yours” and the like):

either one, a Party and together, the Parties.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

The Terms and Conditions of this Agreement are as follows:

1.              Definitions

In this agreement:

“Carrier”	means any person or business contracted by us to carry Goods from us to you.
“Customer”	Means any person who visits or uses Our Website, including without limitation browsers, vendors, purchasers, merchants, and/ or contributors of content;
“Content”	means any content in any form published on Our Website by us or any third party with our consent.
“Goods”	means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
“Our Website”	means any website or electronic platform (including that based on Instagram, Facebook and the like) of ours and includes all web and other electronic pages controlled by us.
“Order”	means an offer to buy by the Customer;
"Post"	means display, exhibit, publish, distribute, transmit and/or disclose information, content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

2.              Interpretation

In this agreement unless the context otherwise requires:

• a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation;
• these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you;
• any agreement by any Party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
• except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;
• in this agreement references to a Party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that Party;
• the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
• a reference to an act or regulation includes new law of substantially the same intent as that act or regulation;
• in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party;
• these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website;
• Words imparting the singular shall include the plural and vice versa and words imparting a gender include every gender;
• The words and phrases “other”, “including”, “etc”, “not limited to” and “in particular” shall not limit the generality of any proceeding words or be construed as being limited to the same class as any proceeding words where a wider construction is possible; and
• this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
• Notwithstanding anything written in the Agreement, the terms of the South African Electronic Communications and Transaction Act of 2002 and Consumer Protection Act of 2008 (the “Acts”) shall apply.

3.              Our contract with you

• By visiting or using Our Website, you agree to be bound by this Agreement.
• This Agreement contains the entire agreement between the Parties and supersedes all previous agreements and understandings between the Parties.
• Each Party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
• If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
• We do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted on Our Website at the time you order Goods.
• The price of Goods may be changed by us at any time.
• If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.
• We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
• We may change the terms of this Agreement without notifying you beforehand.

4.              Acceptance of your order

• The placement of your Order is the receipt by us of confirmation of payment for the Goods you wish to buy, and our acceptance of that Order is the moment we actually dispatch the Goods to you either by Carrier or by your collection of the Goods at our store/warehouse, if any.
• At the time of placement of the Order, you will receive a reference for that Order to the email address you notified to us.
• At any time before we accept the Order, we may decline to supply the Goods;
• If we decline to supply the Goods, then we may offer an alternative to your choice or we may cancel the Order; if you do not accept the alternative offered, you may cancel the Order.
• We will not accept any Order that has a delivery address outside of South Africa.

5.              Price and payment

• The price payable for the Goods that you Order is clearly set out on Our Website.
• We shall not be liable to accept any Order when the price has changed from the original price on Our Website after placement of the Order. If the price changes in this way, we will notify you by email and if we do not receive your cancellation within 7 days of such notice will proceed to acceptance of the Order at the changed price.
• Prices include South African value added tax (“VAT”).
• We only accept payments by the means stated on Our Website.
• We only accept payments in South African Rands.
• The price of the Goods does not include the delivery charge outside of South Africa.

6.              Security of your credit card

We take care to make Our Website safe for you to use.

• Card payments are not processed through pages controlled by us and we use one or more online third-party payment service providers (“Payment Gateways”) who are responsible to hold your card or bank account details in a secure environment and we do accept any liability for any loss you might incur when using the facility of these Payment Gateways.
• The costs charged to you (whether a fee, interest or penalties) by your card issuer when you use your credit or debit card to make us a payment or the charges to you for your Payment Gateway account is your responsibility. The costs charged to us by the Payment Gateways is our responsibility.
• We will not accept your Order unless our Payment Gateway has notified us that we have received full payment in respect of that Order from you.
• We will only make refunds to the credit or debit card or Payment Gateway account you used for the placement of the Order. This will be no later than 30 days from the date when we accept that repayment is due, and we cannot be held responsible if prior to the refund your credit or debit card or Payment Gateway account is no longer usable for this purpose for any reason.

7.              Cancellation of an Order

                  You may give us 7 days’ notice by email that you wish to cancel an Order if you have not received the Goods within 30 days of the date of the placement of the Order, and if we have not delivered the Goods within 7 days of our receipt of that notification, the cancellation shall be effective on the date of receipt by us of that email.

                   Within 7 days of the date of your receipt of the Goods you may, provided the Goods are unused, cancel an Order without penalty and without reason. You must notify us by email of the cancellation and then you must return the Goods to us, at your own cost, including the packaging and a copy of the appropriate reference for the Order and copy of the delivery note and only upon our receipt of these by us shall the cancellation be considered as effective.

                  We shall make a refund to you within 30 days of the effective date of cancellation. Our liability shall be limited to the value of the Order that has been cancelled and excludes any costs of returning the Goods to us and any other costs incurred by you when placing or cancelling the Order.

                  Notwithstanding anything else herein, if upon their return to us, it is seen that the Goods have been misused in anyway or damaged by use in a manner that the Goods were not intended to be used, or have been physically altered by you, we reserve the right to withhold all or part of any refund.

                  In regard to all matters concerning the Goods, the relevant Act shall apply.

8.              Delivery and pick up

                  We shall make every attempt to have the Goods delivered within 30 days from the day of the placement of the Order to purchase the Goods.

• Deliveries will be made by the Carrier to the address stipulated in your Order. You must ensure that someone is present to accept the delivery.
• If we are not able to deliver your Goods within 30 days of the date of the placement of your Order, we shall notify you by e-mail to arrange another date for delivery and if this new date is not acceptable, you may cancel the Order by email and the date of the receipt of that email shall be the effective cancellation date.
• If your Order consists of multiple items of Goods, we may deliver the Goods in instalments if they are not all available at the same time for delivery.
• All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver and returned to us and no refund will be given.
• Refusing to sign the Carrier’s delivery note or writing on it  "Unchecked", "Not Checked" or similar or in any other way refusing to accept delivery will not be considered as cancellation of the order.
• Any time for delivery specified on Our Website or other communication between you and us, if any, is an estimate only and time shall not be of the essence.
• We are happy for you to pick up Goods from our shop/ warehouse provided the Goods are available there, you make an appointment in advance and the Order has been placed as stated elsewhere herein.
• If you pick up Goods from our shop/warehouse, then:
  • we will not be able to assist you in loading heavy items;
  • Goods are at your risk from the moment they are picked up by you or your agent from our shop / warehouse;

9.              Foreign taxes and duties

• If you are not in South Africa, we have no knowledge of, and no responsibility for, the laws in your country.
• The Goods can only be delivered to a South African address and if you chose to import them to another country, you are liable for all costs related to such an import including transportation and the payment of import duties and taxes of any kind levied on such importation in your country and in South Africa.

10.           Our Liability

• Notwithstanding anything else herein, we (including our directors, officers, employees, subcontractors, agents and affiliated companies) are not responsible for any loss or damage to the Goods or to you:
  • that results from action by you amounting to gross negligence or recklessness or malicious behaviour or criminal conduct; or
  • for the use of the Goods by you or any other Party for a purpose not envisaged by us when we offer the Goods for an Order; or
  • resulting from your use of Our Website;
  • for offense or injury to you or others resulting from the content on Our Website.
• Except as may be set out in the relevant Act, our limit of liability in respect of any Order for Goods sold to you is the price of the Goods in that Order as stated on Our Website together with the cost of your returning the Goods in the Order if you have done so.
• Unless otherwise stated on Our Website, the purpose of the Goods is for leisure wear or normal indoor work activities and explicitly excludes your use of them in any manner of sports or excessive physical activity, including but not limited to running, jogging, cross country walking, climbing, rock scrambling or climbing, skiing, cycling, swimming and the like, and your use of them in work activities that usually require special types of footwear including but not limited to construction type work, factory environments and the like.
• Unless otherwise stated on Our Website, the purpose of the Goods is not to provide protection against severe climatic conditions such as heavy rain and snow or abnormal materials such as paint, fuels, cement and chemicals and the like.
• Any repair or other modification that you execute on the Goods is entirely at your own risk.
• Other than stated herein, we will comply with the relevant Act if the Goods are unsafe or have any defect or failure or hazard (the ‘defects”) provided that you notify us by email at the earliest possible moment after such a defect becomes apparent to you.
• If after being notified of such defects and the Goods having been returned to us, we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

11.           Disclaimers

                  All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

                  We make no representation or warranty for:

                      the quality of the Goods;

                      any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;

                      the correspondence of the Goods with any description;

                      the adequacy or appropriateness of the Goods for your purpose.

                  We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

                  We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.

                  Whilst we make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on Our Website, we make no representation or warranty and accept no responsibility in law for:

                      accuracy of any Content or the impression or effect it gives;

                      delivery of Content, material or any message;

                      privacy of any transmission;

                      any act or omission of any person or the identity of any person who introduces himself to you through Our Website;

                      any aspect or characteristic of any goods or services advertised on Our Website;

                  We shall endeavour to monitor and prevent illegal content or content otherwise commonly held as being offensive being posted on Our Website. Notwithstanding, we are not responsible for any content posted by you or third parties. If you come across any Content which offends you, please contact us via our email address.

                  We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.

                  This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us.

                  Nothing in this agreement excludes liability for a party's fraud.

12.           Your account with us

• You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself that we need to provide you with the Goods.
• If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
• You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
• You may not access or use the Our Website for any purpose other than that for which we make Our Website available. Our Website may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

13.           Restrictions on what you may Post to Our Website

You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:

• be malicious or defamatory;
• consist in commercial audio, video or music files;
• be illegal, obscene, offensive, threatening or violent;
• be sexually explicit or pornographic;
• be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
• give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
• solicit passwords or personal information from anyone;
• be used to sell any goods or services or for any other commercial use;
• include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
• link to any of the material specified above, in this paragraph.
• send age-inappropriate communications or Content to anyone under the age of 18.

14.           Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

• hyperlinks, other than those specifically authorised by us;
• keywords or words repeated, which are irrelevant to the Content Posted.
• the name, logo or trademark of any organisation other than yours.
• inaccurate, false, or misleading information.

15.           How we handle your Content

• Our privacy policy complies with the appropriate Act.
• If you Post Content to any public area of Our Website, it becomes available in the public domain. We have no control who sees it or what anyone does with it.
• Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
• We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website or send us in an unsolicited manner, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
• We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.

                You agree to waive of your right to claim authorship and your right to object to any distortion, mutilation or other modification of your work as provided in the Copyright Act 1978.

• Posting content of any sort does not change your ownership of the copyright in it.
• You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
• You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
• Please notify us of any security breach or unauthorised use of your account.

16.           Removal of offensive Content

• For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
• We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
• If you are offended by any Content, the following procedure applies:
  • Your claim or complaint must be submitted to our email address;
  • If we judge the content so notified to us to be commonly offensive, we shall remove the offending Content as soon as we are reasonably able;
  • after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
• We may re-instate the Content about which you have complained or not.
• In respect of any complaint made by you or any person on your behalf, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
• You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

17.           Security of Our Website

If you violate Our Website, we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

• modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
• link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
• download any part of Our Website, without our express written consent;
• collect or use any product listings, descriptions, or prices;
• collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
• aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
• share with a third party any login credentials to Our Website.
• Despite the above terms, we now grant a licence to you to:
  • create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon you not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
  • you may copy the text of any page for your personal use in connection with the purpose of Our Website.

18.           Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

                  your failure to comply with the law of any country;

                  your breach of this agreement;

                  any act, neglect or default by any agent, employee, licensee or customer of yours;

                  a contractual claim arising from your use of the Goods;

                  a breach of the intellectual property rights of any person.

19.           Intellectual Property

• We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content on Our Website whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
• Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
• You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
• Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

20.           Privacy Policy

20.1      When you visit Our Website, we collect certain information about your device, your interaction with our Website, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

• Device information
  • Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Our Website.
  • Purpose of collection: to load Our Website accurately for you, and to perform analytics on Our Website usage to optimise Our Website.
  • Source of collection: Collected automatically when you access our Our Website using cookies, log files, web beacons, tags, or pixels and the like
  • Disclosure for a business purpose: shared with our processor Shopify and other businesses with whom we work to optimise Our Website
• Order information
  • Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers and payment gateway information), email address, and phone number.
  • Purpose of collection: to provide products or services to you to fulfil our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
  • Source of collection: collected from you.
  • Disclosure for a business purpose: shared with our processor Shopify and other businesses with whom we cooperate e.g. payment gateways, shipping companies and the like.
• Customer support information
  • Examples of Personal Information collected:as previously listed
  • Purpose of collection:to provide customer support.
  • Source of collection:collected from you.
  • Disclosure for a business purpose:as previously listed
• Minors
  • The Our Website is not intended for individuals under the age of 18. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.
• Sharing Personal Information
  • We share your Personal Information with service providers to help us provide our services and fulfil our contracts with you, as described above. For example:
  • We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
  • We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
• Behavioural Advertising
  • As described above, we may use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:
  • We may use Google Analytics to help us understand how our customers use the Our Website.
  • We may share information about your use of the Our Website, your purchases, and your interaction with our ads on other web sites with advertising partners. We may collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies.
• Using Personal Information
  • We use your personal Information to provide our services to you, which includes offering products for sale, processing payments, shipping and fulfilment of your order, and keeping you up to date on new products, services, and offers.
• Cookies
  • A cookie is a small amount of information that’s downloaded to your computer or device when you visit Our Website. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the Our Website to remember your actions and preferences (such as login and region selection). Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of Our Website may no longer be fully accessible may not completely prevent how we share information with third parties such as our advertising partners.

21.           Miscellaneous matters

• When we communicate with you, we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
• Where we provide goods without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
• If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
• The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
• No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
• Any communication to be served on either party by the other shall be deemed to be delivered when sent by e-mail to the address from which the receiving party has last sent e-mail and within 24 hours of having been sent if no notice of non-receipt has been received by the sender, providing always that a hard copy of the sent e-mail has been retained as evidence.
• In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation (such as use of the Small Claims Court) before commencing arbitration or litigation.
• So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
• Neither party shall be liable for any failure or delay in performance of this agreement, which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
• In the event of any conflict between any term of this agreement and the provisions of the memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

                  The validity, construction and performance of this agreement shall be governed by the laws of the Republic of South Africa and you agree that any dispute arising from it shall be litigated only in that country.

                  Our contact information is:

Address:12 Hilltop Road, Highbridge Estate, Hillcrest, Kwa-Zulu Natal, 3610, South Africa.

Registration No. 2020/475105/07.

Website: Makemyshoes.co.za.

Email: info@makemyshoes.co.za

Tel. No. +27 76026 7358

 

19.03.21