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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
|REGION||METHOD OF DELIVERY||DELIVERY CHARGES||DELIVERY TIMES|
|South Africa (All Regions)||Nominated Courier||FREE Delivery on all orders||Main Centres 2-7 days.
Regional Areas 3-7 days.
Excluding Weekends & Public Holidays
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 periods delivery may take up to 3-7 working days for Main Centres.
2.5. Delivery is FREE 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 3pm 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.
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.
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 firstname.lastname@example.org 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:
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.
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.
5.1. We respect your privacy and will take reasonable measures to protect it, as more fully detailed below, in compliance with the obligations imposed on us in the Protection of Personal Information Act. 4 of 2013 (“the Act”).
5.2. Should you decide to make use of our Website for the purpose of purchasing the Goods sold online or sign up for an account, we will require you to provide us with personal information which includes but is not limited to:
5.2.1. Your name and surname;
5.2.2. Your email address;
5.2.3. Your physical address;
5.2.4. Your gender;
5.2.5. Your mobile number; and
5.2.6. Your date of birth.
5.3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
5.4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
5.5. Subject to clause 5.6 below, we will not, without your express consent:
5.5.1. Use your personal information for any purpose other than as set out below:
5.5.2. Disclose your personal information to any third party other than as set out below:
184.108.40.206. To our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, or to engage with you on the issue of faulty Goods or returns and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
220.127.116.11. To our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new Goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
18.104.22.168. To law enforcement, government officials, fraud detection agencies or other third parties when we believe, in good faith, that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
22.214.171.124. To our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit.
5.6. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, TougheesZA is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
5.7. We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
This policy applies to people who have interacted with any of the Bata brands via a digital channel and customers who have ordered or registered for the Goods or services we provide (“you” and “your”).
7. ACCEPTANCE OF TERMS
This policy applies to people who have interacted with any of the Bata brands via a digital channel and customers who have ordered or registered for the Goods or services we provide (“you” and “your”).
7.1. Acceptance Required
You must accept all the terms of this policy when you order any of our Goods or services. If you do not agree with anything in this policy, then you may not order, register for, or use any of our services.
7.2. Deemed Acceptance
By accepting this policy, you are deemed to have read, understood, accepted, and agreed to be bound by all its terms.
We may change the terms of this policy at any time. If you do not agree with the change you must stop using the Website. If you continue to use the Website following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted such terms.
We collect certain information when you make use of our services, necessary to provide the services to you; from your web browser; from cookies we may send to your computer and from web beacons on our Website to track how you use our Website and to try and give you a personalised experience; and optional information, that you provide when you upload or download content from our Website or when you enter competitions, take advantage of promotions, respond to surveys or register and subscribe for certain additional services.
9.1. Collection on Order
When you order any Goods or services from us, you will be asked to provide us with additional information on a voluntary basis (“goods information” or “services information”).
9.2. Optional Details
You may also provide additional information to us on a voluntary basis (“optional information”). This includes content or products that you decide to upload or download from our Website and social media platforms or when you enter competitions, take advantage of promotions, respond to surveys, order certain additional Goods or services, or otherwise use the optional features and functionality of our Website and social media platforms.
We may place small text files called ‘cookies’ on your device when you visit our Website and social media platforms. These files do not contain personal information, but they do contain a personal identifier allowing us to associate your personal information with a certain device. These files serve a number of useful purposes for you, including:
9.3.1 Granting you access to age restricted content;
9.3.2 Tailoring our Website's functionality to you personally by letting us remember your preferences;
9.3.3 Improving how our Website performs;
9.3.4 Allowing third parties to provide services to our Website; and
9.3.5 Helping us deliver targeted advertising where appropriate in compliance with applicable laws;
9.3.6 Provide you with secure access to particular products and services.
9.4. Collection from Browser
9.5. Third Party Cookies
9.6. Web Beacons
Our Website may contain electronic image requests (called a “single-pixel gif” or “web beacon” request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Our web beacons do not collect, gather, monitor or share any of your personal information. We merely use them to compile anonymous information about our Website.
9.7. Recording Calls
We may monitor and record any telephone calls that you make to us or any of our call centres, unless you specifically request us not to.
9.8. Purpose of Collection
We may use any Goods information, service information, and optional information that you provide to us for the purposes that you indicated when you agreed to provide it to us. We may use your usage information for the purposes described above and to:
9.8.1. Remember your information so that you will not have to re-enter it during your visit or the next time you access the Website and social media platforms;
9.8.2. Monitor website and social media usage metrics such as total number of visitors and pages accessed; and
9.8.3. Track your entries, submissions, and status in any promotions or other activities in connection with your usage of our Website and social media platforms.
10. CONSENT TO COLLECTION
We will obtain your consent to collect personal information:
10.1. In accordance with applicable law; and
10.2. When you provide us with any optional information.
We may use your information to send you administrative messages and email updates regarding our Website and social media; for marketing purposes; or for targeted content in certain, specified instances.
11.1. Messages and Updates
We may send administrative messages and email updates to you about our Website and social media. In some cases, we may also send you promotional messages. You can choose to opt-out of promotional messages.
11.2. Targeted Content
While you are logged into our Website and social media, we may display targeted adverts and other relevant information based on the personal information. In a completely automated process, computers process the personal information and match it to adverts or related information. We never share personal information with any advertiser, unless you specifically provide us with your consent to do so. Advertisers receive a record of the total number of impressions and clicks for each advert. They do not receive any personal information. If you click on an advert, we may send a referring URL to the advertiser’s website identifying that a customer is visiting from our Website or social media platforms. We do not send personal information to advertisers with the referring URL. Once you are on the advertiser’s website however, the advertiser is able to collect your personal information.
We might disclose your information in the specific circumstances mentioned in this policy.
We may share your personal information with:
12.1.1. Other divisions or companies within the group of companies to which we belong so as to provide joint content and services, for transactions and customer support, to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about our products, services and communications (they will only use this information to send you marketing communications if you have requested their goods or services);
12.1.3. Our goods suppliers or service providers under contract who help supply certain goods or help with parts of our business operations, including fraud prevention, bill collection, marketing, technology services (our contracts dictate that these goods suppliers or service providers only use your information in connection with the goods they supply or services they perform for us and not for their own benefit);
12.1.4. Credit bureaus, to report account information, as permitted by law; and
12.1.5. Banking partners as required by credit card association rules for inclusion on their list of terminated merchants (in the event that you utilise the services to receive payments and you meet their criteria).
If you contact us regarding your experience with using any of our products, we may disclose your personal information as required by law or governmental audit.
12.3. Law Enforcement
We may disclose personal information if required:
12.3.1 By a subpoena or court order;
12.3.2 To comply with any law;
12.3.3 To protect the safety of any individual or the general public; and
12.3.4 To prevent violation of our customer relationship terms.
12.4. No Selling
12.5. Marketing Purposes
We may disclose aggregate statistics (information about the customer population in general terms) about the personal information to advertisers or business partners.
We may need to disclose personal information to our employees that require the personal information to do their jobs.
12.7. Change of Ownership
If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to another entity, we may assign our rights to the personal information we process to a successor, purchaser, or separate entity. We will disclose the transfer on the Website and our social media communities. If you are concerned about your personal information migrating to a new owner, you may request us to delete your personal information or unlike/unfollow our social media pages.
13. SECURITY OF PERSONAL INFORMATION
Our hosting company will host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. We authorize access to personal information only for those employees who require it to fulfil their job responsibilities.
14. ACCURATE AND UP TO DATE
We will try to keep the personal information we collect as accurate, complete and up to date as is necessary for the purposes explicitly defined in this policy. From time to time we may request you to update your personal information on the Website. You are able to review or update any personal information that we hold on you by accessing your account online, by emailing us, or by phoning us. Please note that in order to better protect you and safeguard your personal information, we take steps to verify your identity before granting you access to your account or making any corrections to your personal information.
15. RETENTION OF PERSONAL INFORMATION
We will only retain your personal information for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless:
15.1 Retention of the record is required or authorised by law; or
15.2 You have consented to the retention of the record. During the period of retention, we will continue to abide by our non-disclosure obligations and will not share or sell your personal information.
16. TRANSFER OF PERSONAL INFORMATION OUTSIDE SOUTH AFRICA
We may transmit or transfer personal information outside South Africa to a foreign country. Personal information may be stored on servers located outside South Africa in a foreign country, whose laws protecting personal information may not be as stringent as the laws in South Africa. You consent to us processing your personal information in a foreign country, whose laws regarding processing of personal information may be less stringent.
17. UPDATING OR REMOVING
You may choose to correct or update the personal information you have submitted to us, by clicking the relevant menu in any of the pages on our Website or social media platforms.
We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third-party websites.
20. ELECTRONIC COMMUNICATIONS
21. OWNERSHIP AND COPYRIGHT
21.1. 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;
21.2. You will not acquire any right, title or interest in or to the Website or the Website Content.
21.3. 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.
22.1. 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.
22.2. 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.
22.3. 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.
22.4. 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.
22.5. Any views or statements made or expressed on the Website are not necessarily the views of TougheesZA, its directors, employees and/or agents.
22.6. 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.
23. LIMITATION OF LIABILITY
23.1. 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.
23.2. 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.
23.3. 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.
24. AVAILABILITY AND TERMINATION
24.1. 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.
24.2. 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.
24.3. 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.
25. GOVERNING LAW AND JURISDICTION
25.1. 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.
25.2. 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.
25.3. 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.
26.1. For the purposes of the ECT Act, TougheesZA’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
1. Full name: Bata South Africa
2. Main business: Shoe manufacturer
3. Physical address for receipt of legal service (also postal and street address): 1 Manchester Road, Pinetown, Durban, 3610)
4. Office bearers: Michael Wyatt/Sakhet Mohta
5. Phone number: 031 701 4951
6. Email address: email@example.com
7. PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded here
27.1. 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.
27.2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
27.3. Any failure on the part of you or TougheesZA to enforce any right in terms hereof shall not constitute a waiver of that right.
27.4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
27.5. 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.
27.6. 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.
27.7. 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.
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