POLICIES

1. PAYMENT POLICY

We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

1.2. TougheesZA will remain the owner of the Goods, until full payment is made by you via the following methods (depending on its availability and/or your eligibility to use such a method):

1.2.1. Debit card: where payment is made by debit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled 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 order for the Goods will be cancelled. You warrant that you are fully authorised to use the debit card supplied for purposes of paying for the Goods. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.

1.2.2. Credit card: 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 are entitled 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 order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying for the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.

1.2.3. Mobicred - www.mobicred.co.za

1.3. Once you have selected your payment method you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

1.4. Once payment is complete, an order confirmation email will be sent to you to confirm your purchase.

2. DELIVERY POLICY

2.3. Delivery time might vary depending on how far the Regional Area is from the Main Centre. The above timeline is only an estimate.

2.4. During sale  and Back to School periods delivery may be delayed. You will be kept up to date on the website homepage.

2.5. There is a FREE Delivery Option for all orders.

2.6. You will receive a Dispatch Confirmation email with a tracking link once your Item(s) has been dispatched from our warehouse.

2.7. If your order was placed any time between Friday after 2pm and Sunday, the order will only be fulfilled and the dispatch email sent on Monday.

2.8. Your order may be delivered anytime between 8am and 5pm and a signature (from you or a responsible third party) will be required as proof of delivery.

2.9. If you are not available at the time of delivery, and you have not agreed to allow a third party to accept delivery on your behalf, then you will be contacted by the courier service to arrange for a second delivery attempt.

2.10. We recommend that you nominate your usual daytime address (home, work or other) as your delivery address. If you do not have a regular daytime address and you are willing to allow a third party to accept delivery on your behalf, then you may nominate their usual daytime address for delivery of your Item(s). Please note that post office boxes will not be accepted.

2.11. Please take note of the provisions in our Terms and Conditions, as accepted by you, relating to Delivery.

3. RETURNS POLICY

3.1. TougheesZA will take all steps reasonably necessary to ensure that ordered Items are delivered to you in terms of the warranties imposed in prevailing legislation, including the Consumer Protection Act. 34 of 2008, in that:

3.1.1. Are reasonably suitable for the purposes for which they are generally intended.

3.1.2. Are of good quality, in good working order and free of any defects.

3.1.3. Will be usable and durable for a reasonable period of time (having regard to the use to which they would normally be put and to all the surrounding circumstances of supply); and

3.1.4. Comply with any applicable Industry standards.

3.1.5. All returns need to be logged online on the TougheesZA Website.

3.1.6. Only purchases made on the TougheesZA Website will be eligible for returns or exchanges.

3.1.7. Returns of Toughees products from any other retail stores (physical) must be returned to the respective retail store of purchase.

ACCEPTABLE RETURNS

Manufacturing Defects

3.2. In the event that you find a manufacturing defect within seven (7) days of receipt of your purchase and wish to return the Item(s), you must:

3.2.1. Retain the Item(s) in the received condition; and

3.2.2. Retain the original packaging and all documentation that was included on or within the packaging.

3.2.3. You are required to adhere to TougheesZA care instructions as attached to the Item(s), and failing such care instructions being attached, to handle and care for the Item(s) at a level of care that would reasonably be expected in respect of the Item(s) in question.

Incorrect Sizing

3.3. If you discover a sizing issue within seven (7) days of receipt of your purchase with the Item(s) and wish to return the Item(s) for the correct size, you must:

3.3.1 Retain the Item(s) in the received condition; and

3.3.2 Retain the original packaging and all documentation that was included on or within the packaging.

3.3.3 Keep the Item(s) in the then current condition and not make further use of the Item(s); and

3.3.4 Identify, in writing, the specific nature of the apparent sizing issue and the date on and manner in which you became aware of such.

Dissatisfied with Product

3.4. If you are generally unsatisfied within seven (7) days of receipt of your purchase with the Item(s) and wish to return the Item(s), you must:

3.4.1 Retain the Item(s) in the received condition; and

3.4.2 Retain the original packaging and all documentation that was included on or within the packaging.

3.4.3 Keep the Item(s) in the then current condition and not make further use of the Item(s); and

3.4.4 Identify, in writing, the specific nature of the apparent dissatisfaction and the date on and manner in which you became aware of such fault.

How to log a Return:

3.5. You must, as soon as you become aware of the apparent fault, contact our TougheesZA Customer Care Centre in writing to tougheesza@bata.com and request that we accept the return of the Item(s) you are not satisfied with, and your request must include:

3.5.1. The Order number and delivery note number in respect of the Item(s);

3.5.2. A detailed description of the apparent fault and how you became aware of it; and

3.5.3. Any other information that we may reasonably request you to provide.

3.6. You will be required to allow us the opportunity to inspect the Item(s), and the Website will contain instructions on the process of sending the Item(s) to us for inspection. Our receipt of the returned Item(s) for inspection will in no way constitute or be deemed to be acceptance of a return of the Item(s) or confirmation of the apparent fault or of an obligation to refund you for the Item(s).

3.7. We will not accept the return of any Item(s) should:

3.7.1. The Item(s) have been damaged or altered due to:

• Improper care;
• Carelessness;
• Non-standard or unusual use;
• Failing to adhere to the care instructions attached to or sent with the Item(s);
• Accidental misuse or failure to maintain;
• Irregular conditions; or
• Any other manner of use or handling which indicates a lack of reasonable care with the Item(s).

Your attention is drawn to the fact that any defect must be a material imperfection in the manufacture of the product which makes it less acceptable than persons generally would be reasonably entitled to expect.

• You have attempted to alter or repair the Item(s) yourself or have allowed a third party to do so or attempt to do so.
• The Item(s) have deteriorated as a result of fair wear and tear which is reasonably expected in the normal and regular use of the Item(s); or
• The apparent fault relates to a slight variation in appearance, which does not materially differentiate the Item(s) from the representation on the Website.

Returns may take up to 14 working days to process

4. SECURITY POLICY

4.1. Shopping online should be as secure as shopping in a store; with TougheesZA it is.

4.2. When you shop online with TougheesZA we protect your private information by keeping it on a secure server. We also operate a 3-D Secure SSL 128-Bit Encrypted Payment System, so you can be sure your orders are being processed safely. TougheesZA works hard to remain a reputable and trusted online retailer – the VeriSign SSL Certificate you see at checkout (logo/padlock symbol) is proof of our continued commitment to protecting your privacy and keeping your data secure.

5. OWNERSHIP AND COPYRIGHT

5.1. 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 this Website (“Website Content”) are protected by law, including but not limited to copyright and trademark law. The Website Content is the property of TougheesZA, its advertisers and/or sponsors and/or is licensed to ToughesZA;

5.2. You will not acquire any right, title or interest in or to the Website or the Website Content.

5.3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.

6. DISCLAIMER

6.1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

6.2. Whilst TougheesZA takes reasonable measures to ensure that the content of the Website is accurate and complete, TougheesZA makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by TougheesZA’s representatives, TougheesZA shall not be bound thereby.

6.3. TougheesZA disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

6.4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

6.5. Any views or statements made or expressed on the Website are not necessarily the views of TougheesZA, its directors, employees and/or agents.

6.6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, TougheesZA 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 TougheesZA, its employees, agents or authorised representatives. TougheesZA thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.

7. LIMITATION OF LIABILITY

7.1. TougheesZA cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of TougheesZA, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors.

7.2. TougheesZA shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the Website or the content contained in the Website; or your inability to use the Website, and/or unlawful activity on the Website and/or any linked third party website.

7.3. You hereby indemnify TougheesZA against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this Website and/or any linked third party website.

8. AVAILABILITY AND TERMINATION

8.1. We will reasonably endeavour to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

8.2. TougheesZA may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that TougheesZA will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

8.3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

9. GOVERNING LAW AND JURISDICTION 

9.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

9.2. In the event of any dispute arising between you and TougheesZA, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Kwazulu-Natal Local Division, Durban) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

9.3. Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

10. GENERAL 

10.1. TougheesZA may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

10.2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

10.3. Any failure on the part of you or TougheesZA to enforce any right in terms hereof shall not constitute a waiver of that right.

10.4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

10.5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

10.6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

10.7. These Terms and Conditions contain the whole agreement between you and TougheesZA and no other warranty or undertaking is valid, unless contained in this document between the parties.