KATZ FOOTWEAR (PTY) LIMITED TERMS AND CONDITIONS OF TRADE
Katz Footwear (Pty) Limited (hereinafter referred to as “Katz”) is company with limited liability, duly registered and incorporated as such in accordance with the laws of the Republic of South Africa, with registration number 2013/048418/07.
The website www.jimiatrik.com (hereinafter referred to as “the website”) is owned and operated by Katz and the website is used to sell footwear to you (hereinafter referred to as “goods”).
These terms and conditions constitute the agreement between you and Katz. In making use of, and by registering on the website you are agreeing to be bound by Katz’ terms and conditions of trade (herein after referred to as “terms and conditions”), and confirm that you have read and understand same. Should you not wish to accept all of Katz’ terms and conditions, you are advised that you should not make use of the website, nor should you purchase any goods thereon. In the event that you do not understand any of the provisions of these terms and conditions, you are encouraged to contact Katz so that same may be explained to you. In the event that you fail to do so, Katz will not be held liable for the fact that you did not understand same, in the event of you electing to make use of the website, and/or purchase goods thereon.
Special offers and/or promotions may have additional terms and conditions applicable to such offers and/or promotions, which must be read as if specifically incorporated herein.
In the case of any contradiction between these terms and conditions and any content contained in other parts of the website or in links, the terms and conditions contained in this document prevail.
2. REQUIREMENTS TO CONTRACT WITH KATZ
In the event that you are below the age of 18 (eighteen), Katz is not permitted to enter into a contact with you.
You are further only permitted to purchase goods on the website for your own personal use, and not for resale.
Should you be interested in becoming a reseller, kindly contact Katz’s offices in this regard.
3. REGISTERING ON THE WEBSITE
You are required to ensure that your details in the opening account form remain up to date. It is your responsibility to change any details that have altered since the date you registered on the website.
Upon registering on the website, you will select a password and user name.
You are responsible for ensuring that no third party has access to your account, and/or your username and/or your password.
Katz will not be liable for any unauthorised activity relating to your account and you agree that once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or not, you will be liable for payment in respect of any order placed using such username and password, save where the order is cancelled by you in terms of these terms and conditions.
In using this website, you agree to notify Katz immediately should you suspect or become aware that there is any unauthorised use of or access to your username and/or password, and you further agree to take all reasonable steps to mitigate any loss or harm which may arise therefrom.
4. PURCHASING GOODS
A legally binding contract of sale comes into being between Katz and you once:-
• You place an order on the website; and
• Payment is received by Katz in respect of the price of the goods and the cost of delivery thereof; and
• Katz has sent you a confirmation of order e-mail.
Until such time as all three of the aforegoing requirements have been met, a contract of sale has not arisen.
Katz may refuse to accept and/or confirm an order and shall not be obliged to provide you with reasons for such refusal to accept and/or confirm an order.
Katz may refuse to accept and/or confirm an order in the event that:-
• Katz suspects that you are under the age of 18;
• Katz suspects that you intend to resell the goods purchased on the website;
• Goods on the website are incorrectly priced and/or described;
• The goods ordered are unavailable;
• Katz suspects that you are making use of a username and/or password when you are not authorised to do so;
• Katz suspects that you are making use of a credit or debit card without authorisation to do so.
This list is not exhaustive, and Katz may refuse to accept and/or confirm an order for other reasons.
5. OWNERSHIP OF THE GOODS
The goods will remain the property of Katz until such time as payment in respect of such goods and the delivery thereof has been made in full.
You are not entitled to sell and/or dispose of the goods until such time as payment has been made in full in respect of the price of the goods, and the cost of delivery thereof, at which time ownership shall pass to you.
6. QUALITY AND CARE INSTRUCTIONS
The care instructions for the goods are displayed on the website. You are encouraged to abide by such instructions to ensure the longevity of your goods, and to avoid any loss of colour.
You are advised that there may be slight colour variations in the goods, due to lighting and other factors when photographs are taken and posted to the website. Katz shall not be responsible for such deviations, unless such deviations are material.
The price of the goods are displayed on the website, in South African Rands. The price displayed includes VAT, calculated at the applicable percentage from time to time, but excludes delivery costs, which will be quoted separately once you have placed an item/s in your basket.
Katz reserves the right to amend such prices on the website from time to time.
Whilst Katz makes every reasonable effort to ensure that all prices displayed on the website are accurate at all times, in the event that an erroneous price is displayed on the website, Katz shall not be obliged to offer the goods to you at the erroneous price. In the event that an erroneous price is displayed, you will be notified of such error, and you will have the option of cancelling your order and receiving a full refund if payment has been effected or accepting the correct price in respect of the goods.
You are specifically advised that placing items in your basket does not reserve them, and they may be removed from your basket at any time, should you not proceed to place an order and make payment after placing goods in your basket.
8. SPECIAL OFFERS AND/OR PROMOTIONS
In the event that Katz has a special offer and/or promotion, such special offer and/or promotion shall be governed by the terms and conditions applicable to such offer and/or promotion, which shall be displayed on the website. Katz reserves the right to limit, change or withdraw such special offer and/or promotion at any time.
9. METHODS OF PAYMENT
Katz makes use of PayFast to accept payment from you in respect of the Goods ordered by you. PayFast offers a variety of payment methods through the PayFast interface. In using the PayFast facility, you may make payment by way of cheque or credit card, by way of an instant electronic funds transfer, or by way of Masterpass.
CREDIT AND CHEQUE CARDS:
PayFast will process credit and cheque card payments, and have a variety of fraud protection mechanisms in place to protect you against chargebacks.
Instant EFT enables you to make payments with traditional internet banking with SA’s four biggest banks. The electronic funds transfer (EFT) gets verified instantly.
ATM DEBIT CARDS:
PayD will allow you to make payment by way of your debit card. You will be required to enter your debit card and mobile phone number and then authenticate the transaction on your phone. The system works with devices on the Vodacom or MTN network and with debit cards issued by Absa, Nedbank and Standard Bank.
Masterpass is a simple, convenient, trusted digital wallet from MasterCard.
FRAUDULENT USE OF CREDIT AND/OR DEBIT CARD
By using the website, and placing an order, you guarantee that you are fully authorised to use the credit card or debit card presented by you for payment of your order.
In the event that Katz suspects that you are using a credit or debit card fraudulently or without permission to use such card, Katz has the right to refuse to process payment utilising such card, and/or to cancel any order.
Katz may further request that you provide it with documentation in respect of any credit and/or debit card to ensure that such card is issued to you, or you have been authorised to use such card.
In the event that your card has been used to place orders with Katz and such transaction/s were not authorised by you, you are advised to contact your bank in order to address this and not Katz.
An invoice will be sent to you by way of e-mail once your order has been despatched for delivery.
Katz shall retain records of sales for a period of 60 (sixty) months.
11. CANCELLING AN ORDER
You may not cancel an order once confirmation of your order has been received by you.
Katz reserves the right to cancel any order, either partially or completely, in which event it will contact you either telephonically, or by e-mail, to advise you of such cancellation, as soon as reasonably possible.
In the event that Katz cancels an order, and you have already made payment in respect of such order and the delivery costs thereof, Katz will reimburse you the price of the goods, together with the delivery cost, which refund will be processed within 7 (seven) days of confirmation of the cancellation of your order, which confirmation will be e-mailed to you.
12. RETURN OF GOODS
12.1. Normal Returns:
Please note that Katz will not exchange goods, and in the event that you are not completely satisfied with the goods, you are entitled to return same to Katz within a period of 14 (fourteen) calendar days from the date of delivery to you.
Should you wish to return the goods, the goods must be returned in their original packaging and with all of the labels attached to the goods. You will be required to log a return request on the Katz website, and Katz will arrange for a courier to collect the goods from you, at no charge to you.
In the event that the goods are returned in their original packaging and with all of the labels attached, then you will be refunded the purchase price of the goods.
12.2. Return of Defective Goods:
In the event that the goods delivered to you by Katz are:-
• Not suitable for their intended purpose;
• Not of good quality, free of defects and in good working order;
• Durable and usable for a reasonable period of time
then you shall be entitled to return same to Katz within a period of 6 (six) months, calculated from the date of delivery of the goods to you, and Katz shall refund you both the purchase price of the goods, together with the delivery cost incurred by you, if any.
In the event that you wish to return defective goods to Katz, you will be required to send an email to firstname.lastname@example.org, and Katz will arrange for a courier to collect the goods from you, at no charge to you. You will be required to describe how the goods were used whilst they were in your possession.
If the problem was caused by reasons other than materials quality or assembly process, the original goods will be returned to you.
Please note that Katz will not entertain any refunds in the event that:-
• The goods were not purchased on the website;
• The goods are damaged as a result of abuse or negligence;
• The goods are damaged as a result of misuse or by use other than the intended purpose;
• The goods have been subject to normal wear and tear.
In the event that you do not comply with the requirements of the aforesaid terms and conditions in respect of returns, Katz reserves the right to refuse to refund you in respect of any amount.
You will be notified by way of e-mail once your returned items have been received by Katz, whereafter such return will be processed. Once the goods have been processed, you will be sent an e-mail confirming that your return has been processed, and whether or not the return meets the requirements of these terms and conditions.
If goods are returned and Katz believes that they been damaged because of an act or omission for which you are to blame, or which is otherwise for your expense and risk, Katz will be entitled to deduct the decrease in value of the returned goods as a result of this damage from the amount to be repaid to you.
Katz will process your return within a period of 7 (seven) calendar days of the return’s arrival at the warehouse, whereafter your refund will be effected, if the aforesaid terms and conditions are met, within 14 (fourteen) calendar days of an e-mail being sent to you confirming that your return has been processed, and that such return meets the requirements of these terms and conditions. Please take note that refunds may take longer to reflect in your account in the event that you do not bank with the same bank as Katz.
When ordering goods on the website, you will be required to select a delivery address and to provide Katz with a contact number to be used in connection with the delivery of the goods.
Katz will deliver during business hours to the address indicated by you within South Africa. Katz can only deliver to a home or office address.
Please click here ___________________ for the different delivery methods available to you, and the costs in respect of such methods.
Please take note that whilst Katz makes every effort to ensure that delivery times are adhered to, sometimes circumstances outside of Katz’ control may delay your delivery, and Katz shall not be liable to compensate you in the event that the delivery of your goods is delayed.
In the event that no-one is present at the specified delivery address at the time of delivery, the courier utilised by Katz shall leave a note for you in respect of such attempted delivery. The courier shall make a second attempt to deliver the goods, and in the event that no-one is present at the specified delivery address upon the second attempt, the courier will return the goods to Katz, and a refund will be processed in respect of the purchase price of such goods. You will be contacted in this event, so that you may select the preferred refund method.
Delivery is considered complete as soon as the order is accepted and signed for by you, or a person on your behalf, at the specified delivery address.
In the event that an order is lost whilst out for delivery to you, a replacement order will be sent to you as soon as reasonably possible, and so long as there is stock available. In the event that stock is not available, you will be refunded the cost of the goods, and the delivery fee.
Katz complies with the Consumer Protection Act 68 of 2008 (“CPA”) in respect of the sale of goods and with articles 43(5) and 43(6) of the Electronic Communication and Transactions Act in terms of payment systems and security.
Katz does not warrant that the website is free of errors and/or omissions and/or that the website or server that makes the website available is free of viruses and/or any other harmful components.
Katz shall not be held responsible for any errors and/or omissions, and/or malfunctions, and/or interrupted service and/or damages sustained as a result of there being a virus on the server which makes the website available.
Katz, its employees, its officers, its director, its affiliates, its agents, and any of its representatives shall not be held liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the website or its content, including damages caused by viruses or any incorrectness or incompleteness of the information on the website, or the performance of the products or otherwise arising out of or in connection with these terms and conditions, even if Katz has been advised of the possibility of any such damages.
15. COPYRIGHT AND INTELLECTUAL PROPERTY
The contents of the website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the website ( hereinafter referred to as the content”) are protected by law, including but not limited to copyright and trade mark law.
The website content is the property of Katz and by your use of the website you will not acquire any right, title or interest in or to the website or the content
Any use, distribution or reproduction of the content is prohibited unless permitted law.
16. LINKS TO THIRD PARTIES
On occasion Katz may post links to thirty party owned and operated websites. Katz is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit/access these websites entirely at your own risk.
17. USE OF THE WEBSITE
Katz may deny you access to the website at any time in its sole and absolute discretion. Katz shall do so in circumstances where it reasonably believes that your use of the website is in breach of any of these terms and conditions and/or applicable laws.
18. LINKS, FRAMING, SPIDERS AND CRAWLERS
No person, business or website may be linked to any page on this site without prior written permission from Katz.
By using the website, 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 representative of Katz.
19. DATA PROTECTION
In the event that any of the clauses herein are declared unenforceable, you agree that each offending provision shall be severable from the remainder of these terms and conditions, which shall remain valid and binding between you and Katz.
21. SUB-CONTRACTING AND ASSIGNMENT
Katz reserves the right to sub-contract, transfer, assign or novate all or any of its rights and obligations provided that your rights not affected.
You may not sub-contract, assign or otherwise transfer any of your rights or obligations without Katz’s consent in writing.
22. EVENTS BEYOND REASONABLE CONTROL
Katz will be not held responsible for any delay or failure to perform or comply with its obligations when the delay or failure arises from any cause which is beyond Katz’ reasonable control.
No relaxation or indulgence granted by Katz to you shall be deemed to be or interpreted as a waiver of any of Katz’ rights in terms hereof.
24. APPLICABLE LAW AND JURISDICTION
These terms and conditions and the website are subject to the laws of the Republic of South Africa.
Should Katz be obliged to take legal action to enforce its rights in terms hereof, you agree and consent to the jurisdiction of the Magistrates Court, irrespective of the quantum of the claim involved. Your consent to the Magistrate’s Court jurisdiction does not preclude Katz from proceeding to enforce its rights in any other court of competent jurisdiction.
In the event of Katz being forced to take legal action to enforce its rights in terms hereof, then you shall be liable for the Katz’s legal costs on the attorney/client scale.
No variation hereof shall be valid unless agreed to in writing by Katz.
Katz reserves the right to amend, alter, vary and/or cancel these terms and conditions, which amendment, alteration, variation and/or cancellation will, from time to time, be posted on the home page of the website. It is your responsibility to keep yourself updated in respect of any changes to these terms and conditions.
26. CORPORATE INFORMATION
Company Name: Katz Footwear (Pty) Limited
Company Registration Number: 2013/048418/07
Physical Address for legal notices: Unit S-1, Rosebank Terrace North,
23 – 25 Sturdee Avenue,
Telephone Number: 011 447 4120
Directors: Graeme Katz