TERMS AND CONDITIONS
The Kingsmead online store can be accessed at www.kingsmeadshoes.co.za and shop.kingsmeadshoes.co.za, related mobile sites and applications (“the site”). The site enables buyers to shop for items including footwear by selected departments and local and international brands (“the products”) online and have them delivered door-to-door within South Africa.
Legally binding contract
All users and account holders, including those that buy from the site (“buyers”) are bound by these terms and conditions (“Ts & Cs”). By registering, or using the site at all, you recognise that you’ve read, accepted and agreed to be bound by these T&Cs.
Should there be any clause in these T&Cs that you do not understand, the onus is on you to ask Kingsmead to please explain the relevant clause to you before you accept the T&Cs by using or buying from the site.
With whom are you entering into a contract?
The site is owned and run by Kingsmead, a division owned by Bella Mia Shoes (Pty) Ltd, registration number 2013/065717/07, a company incorporated in the Republic of South Africa (herein after referred to as Kingsmead. More information about Kingsmead is available at the end of these terms and conditions.)
Products and availability
Please note that the stock of all items on offer is limited. If it happens that Kingsmead is unable to fulfil any order at the advertised price because stock is sold out, Kingsmead will inform you and you’ll be entitled to a refund for the rand value of your purchase.
2. Buying products
- The site allows you, the user, to place electronic orders (“order”) for one or more products on offer as long as such products are available and not sold out.
- A purchasing contract (“sale”) between you and Kingsmead only comes into effect once you have fully completed AND submitted the online order form for one or more products in your basket (“shopping cart”) AND your payment has been authorised by Kingsmead (or has been received into Kingsmead’s bank account). The above is dependent on the product being available.
- Products on Kingsmead cannot be reserved to be bought at a later stage, and placing an item in your basket without completing the order does not amount to a sale or an order. This means that Kingsmead may remove any item from your basket before the sale actually takes place in the event of the product going out of stock.
- Kingsmead cannot be held responsible if an order has become unavailable by the time you try to complete a purchase at a later stage.
3. Cancelling and ending orders
Kingsmead reserves the right to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you. Kingsmead will be liable for reimbursing you the rand value paid only if you have already paid for the cancelled order. You have the right to return item(s) purchased (see Kingsmead’s Delivery and Returns Policy for more information).
Kingsmead reserves the right, in the interest of preventing fraud, to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely.
Kingsmead may request documentation to complete the necessary fraud checks and cancel any order where the necessary documentation is not provided in a timely manner.
In the event of a fraudulent purchase being placed on Kingsmead, cardholders will be advised to initiate a chargeback via their bank in order to be refunded. Kingsmead does not process refunds for orders suspected of fraud.
Kingsmead does not provide order details relating to orders suspected of fraud.
5. Delivery fees
- For orders of R500 or more, Kingsmead delivers free of charge within South Africa, door-to-door.
- For orders less than R500, a delivery charge of R70 – R100 will be levied.
- Kingsmead does not deliver to PO Boxes.
- At this stage Kingsmead only delivers within South Africa.
6. Making a Payment
Paying by credit card
Credit Card Acquiring – Payment Gateway
- Credit Card Transactions are acquired by Payfast (Pty) Ltd, a registered systems operator and payment gateway in South Africa. Card Holders may go to www.payfast.co.za to view Payfast’s security policy.
- Kingsmead accepts payments made by Visa and MasterCard Credit Cards as well as chipped debit cards that have been activated for online purchases, and Electronic Funds Transfer (“EFT”).
- When you place an order, the transaction details are presented to the bank for authorisation of the payment amount.
- If authorisation is not obtained, the order is cancelled. If authorisation is obtained, payment is usually immediate. You guarantee that you are fully authorised to use the credit card for payment of your order and that there are sufficient funds in this credit card account to cover the costs of any transactions you complete on Kingsmead.
Place of delivery
- Kingsmead delivers Mon-Fri, within business hours in the Republic of South Africa.
- As a buyer, you indicate where in South Africa you require delivery, as well as contact numbers to be used in connection with delivery.
- In the case of door-to-door delivery, your parcel will be delivered to the address you specified in the checkout process.
- In the case of door-to-door delivery, if nobody is present at the address at the time of delivery, our courier will on the second attempt of delivery use the mobile phone number you provided in your order and/or leave a note (in the letterbox if a residential address) to indicate that there was an attempted delivery.
- The courier will try once more, and if at that time there is still no one to sign for the parcel, it will be your responsibility to send an email to email@example.com to arrange delivery.
- If you don’t contact the Kingsmead within 5 working days of the courier attempting the second delivery, the courier will return the parcel to Kingsmead, and we will contact you via email to discuss potential redelivery at your own cost.
- If this attempt does not succeed within a reasonable amount of time, Kingsmead will reimburse you the rand value paid for the product(s) purchased. Should a delivery fee have been charged on the order, this will not be reimbursed.
Delivery time and delays
- Unless we inform you otherwise, before you place your order and before the final confirmation, the estimated maximum delivery time for an order in South Africa is 7 working days.
- As outlined in Section 7.1 above, all Kingsmead deliveries take place during business hours i.e. there are no deliveries over weekends or on public holidays. Please take this into consideration when selecting your delivery address.
- A delivery is considered complete as soon as the parcel is accepted by an individual on your behalf at your specified delivery address.
- This also applies when the package has been handed over by the courier, as indicated in the courier’s tracking system.
- It is your responsibility, as buyer, to ensure that you or the intended receiver of the gift (when applicable) inspect(s) the parcel on arrival and makes known any justifiable complaints. The receiver has the right to refuse the parcel if it appears to have been opened or if it has clearly been damaged.
- Such complaints and claims must be brought to the attention of Kingsmead by emailing firstname.lastname@example.org
- If neither the depot nor the tracking system provides any indication where the parcel is, please send email to email@example.com
- If the parcel is found, it will be sent to the specified delivery address by the usual procedure, as set out in the delivery clause.
- If the parcel is declared lost, Kingsmead will notify you and reimburse you for the lost parcel (to the amount of the product purchase price and any relevant delivery fee).
8. Defective items, returns and reimbursement
If you are dissatisfied with your purchase due to a defect, incorrect product choice or other reason, you may return it to Kingsmead within 14 days of delivery, free of charge if you are based in South Africa , and either receive a refund, or have the product repaired or replaced, depending on the situation.
The Delivery and Returns Policy informs you of your rights in this regard.
9. Sales records
Complete records of each transaction between you and Kingsmead are kept on the site for 6 months after a particular purchase or related transaction. After the 6 month period the responsibility of keeping such records falls onto you.
Kingsmead is responsible for adhering to the Consumer Protection Act 68 of 2008 (“CPA”) with the sale of any products from the site. Similarly, Kingsmead is responsible for adhering to articles 43(5) and 43(6) of the Electronic Communication and Transactions Act in terms of payment systems and security.
However, neither Kingsmead nor any of its representatives will be held responsible for any loss or accountability of any kind that arises from the use of (or inability to use) this site, its services or content.
Furthermore, Kingsmead provides no guarantee, implied or otherwise, that the content or technology attached to this website is free of errors or omissions. Nor is there any guarantee whatsoever that service will be 100% uninterrupted or faultless. We encourage you to report any possible malfunctions and errors by emailing firstname.lastname@example.org
Although the products on the site may be under guarantee, the site itself is offered on an “as it is” basis and is not set up or delivered according to your individual specifications.
It is your responsibility, before accepting these Terms and Conditions, to determine whether the service available through this website satisfies your individual needs and is compatible with your hardware or software. Information, ideas and opinions expressed on this web site should not be regarded as professional advice, or as Kingsmead’s official stance.
We encourage you to obtain professional advice before taking any action on the strength of information, ideas or opinions expressed on this site.
This site is offered, controlled and run from the Republic of South Africa. As such it is governed by South African legislation, and subject to the disputes clause in these Ts & Cs.
You and Kingsmead are subject to the non-exclusive jurisdiction of the South African courts. Each and every section of these terms and conditions must be read as individual and separable from the rest of the terms and conditions.
Should any court or qualified authority find that any of the terms are invalid or unenforceable, the remainder of the terms and conditions will remain standing, despite invalidity or unenforceability of an individual term.
12. Changes to terms and conditions
Kingsmead may, at its own discretion, change these terms and conditions or any part thereof. If you are a registered account holder, Kingsmead will inform you of changes by email (to the address you use on registration). At such point, it will be your responsibility to read through the revised terms and conditions to ensure you’re satisfied.
If you’re dissatisfied, you have the right to terminate your registration on Kingsmead.
If you are NOT a registered user, Kingsmead will be unable to let you know of changes to these terms and conditions.
It will be your own responsibility to visit the website to check whether the terms and conditions have changed, and to make sure you’re satisfied with the changes. If you’re dissatisfied with any changes, you should not use the site in any way.
Barring urgent or interim legal help that may be granted by a court of law: In the event of any disputes of any kind between you and Kingsmead, arising out of any situation catered for in these terms or conditions (or that arises out of these terms and conditions) and that cannot be resolved by the client service centre, the dispute may be presented for confidential arbitration.
Such arbitration will be handled according to the rules stipulated by the Arbitration Foundation of South Africa. These rules can be found here.
14. Legal notice address
Kingsmead elects as address for all purposes regarding these terms and conditions, whether for legal notices or serving of other communication documents of any kind, the following:
18 Cassiafield Grove
An electronic copy is to be sent to email@example.com (Such copy must be delivered in conjunction with physical copy for serving to be effected.)
15. Electronic communication
When you sign up for a Kingsmead newsletter, opt into marketing communication, register an account, conclude a purchase, visit the site or send an email to firstname.lastname@example.org, you agree to get electronic communication from Kingsmead.