Terms & Conditions
PICCADILLY FOOTWEAR SOUTH AFRICA
UB CREATIVE (PTY) LTD
TERMS & CONDITIONS
The UB Creative online shop can be accessed at www.ubcreative.co.za, related mobile sites and applications (“the site”). The site enables buyers to shop for items including clothes and shoes by selected local and international brands ("the products”) online and have them delivered door-to-door within South Africa. Buyers can also have products delivered to them internationally at an additional quoted delivery fee. Visitors may view the products online however will require to register for an account should they want to purchase any products from the site.
2. Legally binding contract
All users who register on the site recognize that they have read the terms and conditions (“T&Cs”) and have thereby agreed to be bound to those “T&Cs”. Where you do not understand a particular clause in the T&Cs the responsibility is placed on you to ask UB Creative to explain the relevant clause before accepting the T&Cs. Should you not accept the T&Cs, do not register on the site as such registration is considered acceptance of the T&Cs.
3. With whom are you entering into a contract?
The site is owned and run by UB Creative (Pty) Ltd, registration number 2013/002802/07, a company incorporated in the Republic of South Africa (herein after referred to as “UB Creative”).
4. Products and availability
All items are limited and UB Creative will make all reasonable attempts to ensure that all items are labeled as sold out when stock runs out. Should UB Creative not be able to fulfill a paid order at the advertised price because stock is not available due to an error, UB Creative will reimburse you for the value paid for the product. Please see UB Creative’s Delivery and Returns Policy for further information and kindly take note that it forms part of UB Creative’s T&C’s.
5. Purchasing and Contracting with UB Creative
5.1. 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.
5.2. In order to make any purchase on UB Creative you must first fill in an online registration form requiring your name, email address, physical address, a telephone number, a password and an email address.
5.3. Upon completion of the above clause 2.2 you may then proceed to select an item and place the item in the cart.
5.4. A contract of sale (“sale”) will only take place between you and UB Creative upon submission of the online form, submission of the online order in the shopping cart and finally upon payment being received in UB Creative’s bank account.
5.5. A product on the site cannot be reserved by placing it in the cart and does not amount to a “sale”.
5.6. Should the product be sold out after being placed in the cart, UB Creative may remove such an item. UB Creative is indemnified from all responsibility should such products be unavailable after being added to the cart when trying to complete a sale.
5.7. After payment is effected a tax invoice and delivery note will be made available for downloads on your profile in the “My Accounts” under “Order History” section where you can select the desired transaction.
6. Sales records
Complete records of each transaction between you and UB Creative are kept on site for the duration that your account is open with us. You may view and print out these records while your account is open in “My Accounts”
7. Making a payment
You can pay on UB Creative using your Visa or MasterCard credit or debit card.
8. Paying by credit card or debit card
8.1. UB Creative accepts payments made by Visa and MasterCard Credit Cards as well as debit cards that have been activated for online purchases. Upon placing an order, the payment and transaction details are presented to the bank for authorisation of the purchase amount.
8.2. Where authorisation is obtained, payment is immediate. Where authorisation is denied, the order is cancelled. By accepting these T&Cs you confirm that you have sufficient funds in your credit card or debit card account for the payment of the purchase price and all other relevant costs and are duly authorised to use the credit card or debit card.
9. Products on Sale and Specials
UB Creative may put limited items on sale from time to time and as such will undertake to the best of its abilities to remove limited items once the sale ends or when items on sale have sold out. Where the item on is not removed for being out of stock, UB Creative will reimburse you for the value paid for the product.
The price of each product is as provided on the product information page (“the product page”) on the site.
11. Ordinary Price and Discounted Price
The ordinary price (“OP”) is the price at which UB Creative charges for the product. This is the price charged when the product is not on sale. UB Creative further reserves the right to change the OP over the course of the seasons. The relevant OP is therefore only applicable at the time of purchase.
12. The Discount Price
12.1. When UB Creative is having a sale, or is running a discount on specific products on the site the discount price is shown on the product’s product page, as well as the OP. The discount price will be shown in bold and the OP will be shown crossed out and faded alongside it.
12.2. When a discount price is shown on the product page, the discount price is the price you will pay when you add the product to your cart at the discounted price, and conclude the sale at the discounted price i.e. the purchase price.
13.1. UB Creative offers select customer’s coupons which are only attainable from authorized agents of UB Creative. Each agent offers a unique coupon code redeemable only once per product. Use of the coupon is limited per product and per person. A coupon code may only be used by the person obtaining the coupon from the authorized agent.
13.2. Once a product is added to the cart and a coupon is obtained it may be entered in the “View Cart” page. A drop down menu will appear under “Use Coupon Code”. Once the coupon code is entered the purchaser will receive the corresponding discount under the sub total. The final price after the coupon discount will be shown in the total.
14. Discount coupons cannot:
14.1. Be exchanged for cash and
14.2. Be transferred to anyone else.
Please see the returns and delivery policy in respect of returned items purchased with a coupon code.
15.1. Orders placed on anticipated stock arrival will be accepted as a pre-order.
15.2. Pre-orders require full payment upon order.
15.3. The buyer will be informed via email when their order is ready for dispatch.
15.4. Delivery dates on pre-orders are discussed in the returns and delivery policy document.
15.5. Should the buyer wish to cancel a pre-order after payment at any time before delivery, they may do so at no expense to them. Please see the Returns and Delivery policy.
16. UB Creative Support
Should you require any additional support you may contact us on the UB Creative office line on 011 615 3472 or alternatively you may email us on firstname.lastname@example.org.
UB Creative reserves the right, in the interest of preventing fraud, to refuse the processing of payment for any order and/or to cancel any purchase.
18.1. Anyone downloading or trying to download malware or damaging coding on this site, or who tries to gain unauthorized access to any page on this site, will be prosecuted.
18.2. UB Creative will claim civil damages from such person if UB Creative suffers any damage or loss.
18.3. You agree and guarantee that the username and password you use to log in is for your personal use only, and will not be passed on to any third party.
18.4. You allow UB Creative to take all steps reasonably possible to ensure the integrity and security of the site and the administrative office.
18.5. All credit card transactions on the site are protected by Extended Validation Secure Socket Layer encryption with 256-bit encryption and 3D secure systems for all credit card transactions via the Payfast portal offering the highest level of encryption available for sensitive information.
18.6. Only UB Creative’s banking partner will access confidential information (Such as your credit card number, expiry date, CVV etc.) from time to time.
19.1. UB Creative is responsible for adhering to the Consumer Protection Act 68 of 2008 ("CPA") with the sale of any products from the site. UB Creative is additionally responsible for adhering to sections 43(5) and 43(6) of the Electronic Communication and Transactions Act in terms of payment systems and security.
19.2. Neither UB Creative 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.
19.3. UB Creative provides no guarantee, implied or otherwise, that the content or technology attached to this website is free of errors or omissions or that the service will be entirely uninterrupted or flawless.
19.4. Please contact UB Creative on 011 615 3472 to report any malfunctions or errors on the website or alternatively email us on email@example.com with the subject as “website error”.
19.5. Products on the site are offered under guarantee, however the site itself operates on a voetstoots or “as it is” basis and does not operate according to your individual specifications.
19.6. It is your responsibility, before accepting these T&Cs, 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 UB Creative’s official stance.
19. Applicable Laws
19.1. This site is based in South Africa (offered and controlled). South African legislation is therefore applicable to both disputes and the clauses of these T&Cs.
19.2. Yourself and UB Creative are subject to the non-exclusive jurisdiction of the South African courts.
19.3. The sections of these T&Cs must be read as individual and separable from the rest of the sections in these T&Cs. Should a court find any of these sections as invalid or unenforceable, the remainder of these T&Cs will remain valid despite the invalidity of an individual term.
20.1. UB Creative shall take all
reasonable steps to protect your personal information. For the purpose of this
clause, "personal information" shall be defined as detailed in the
Promotion of Access to Information Act 2 of 2000 (PAIA).
UB Creative may electronically collect, store and use the following of your personal information:
· name and surname;
· birth date;
· country of residence;
· closest city;
· e-mail address;
· IP address; and
· ID number / passport number.
20.2. UB Creative collects, stores and uses the above-mentioned information for the following purposes:
· to greet you when you access the Site;
· to inform you of any changes to these T&C;
· to inform you of facts regarding purchases made by you, including relating to delivery of Products;
· subject to your consent, to inform you of other facts relating to your access and use of the Site;
· subject to your consent, to inform you about competitions and special offers from UB Creative and/or its partners / affiliates;
· to compile non-personal statistical information about browsing habits, click-patterns and access to the Site;
· to verify your identity when transacting with UB Creative; and
· to ensure that the Products are received by the addressee.
20.3. Information detailed above is collected either electronically by using cookies or is provided voluntarily by you. You may determine cookie use independently through your browser settings. You may elect not to receive any communications from UB Creative and/or its partners / affiliates.
20.4. UB Creative may collect, maintain, save, compile and share any information collected from you, subject to the following provisions:
· UB Creative shall not disclose your personal information unless you consent thereto or unless require for the purposes of any legal process;
· UB Creative may compile, use and share any information that does not relate to any specific individual; and
· UB Creative owns and retains all rights to non-personal statistical information collected and compiled by UB Creative.
You acknowledge and agree that certain personal information (i.e. your full names, delivery address, email address, and contact number) will be disclosed to the courier company as is used from time to time to enable delivery of products purchased by you.
21. Changes to Terms and Conditions
UB Creative may, at its own discretion, change these terms and conditions or any part thereof. As indicated in the T&Cs, it is the responsibility of the registered account holder or user to familiarise yourself with the T&Cs before using the site. By registering, or using the site at all, you recognise that you've read, accepted and agreed to be bound by these T&Cs.
Excepting urgent or interim legal help that may be granted by a competent court of law: any dispute that arises between yourself and UB Creative which is catered for in these T&Cs or which arises from the clauses contained in these T&Cs and which cannot be dealt with by a customer service representative of UB Creative may be presented to the Magistrates court or small claims court.
UB Creative 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 address:
49 Oxford Road
Tel 011 615 3472
Please send an electronic copy to firstname.lastname@example.org in conjunction with the physical copy.
23. Terms and Discontinuation
These terms and conditions take effect from the first date of publication and continue indefinitely. They may be revised by UB Creative for as long as the website continues to operate. UB Creative reserves the right to terminate these terms and conditions and close down the website at any time subject to processing all unprocessed purchases.
24. Electronic communication
24.1. Upon accepting these T&Cs, making a purchase and registering an account, you accept to receive electronic communication from UB Creative.
24.2. The Electronic Communications Act 25 of 2002 (“Act”) provides that when goods or services are offered electronically, certain information must be made available to the consumer on the website where the transactions take place.
24.3. Such information is provided as follows:
24.3.1. Full name: UB Creative (Pty) Ltd registered in South Africa, registration number, 2013/002802/07
24.3.2. Main business: Wholesaler
24.3.3. Address for receipt of legal service: 043 First Ave Elma Park, Edenvale 1609
24.3.4. Webmaster: email@example.com
24.3.5. Site: http://www.ubcreative.co.za
24.3.6. Official email address: firstname.lastname@example.org
24.3.7. PROATIA: The manual published in terms of section 51 of the Promotion of Access to Information Act No 2 of 2000 may be downloaded from http://www.naspers.co.za
25. Availability of Stock and Stock Shortages
Should a particular order not be fulfilled as a result of a stock shortage, UB Creative makes provision for the following:
UB Creative will notify you of the stock shortage in relation to your order via email. You may then reply via email to email@example.com whether you want a refund or store credit to the same amount paid for a different product. Where a refund is requested we kindly request that you include your banking details upon which the refund will be paid into the same credit card facility or debit facility.
Where you have placed and order and you have not received it for some time after the time periods prescribed under the clause “Delivery” please contact us directly on 011 615 3472 or email firstname.lastname@example.org and state that you have not received the parcel. In the subject line of the email please include your order number and the heading “undelivered product” and we will try resolving the matter as quickly as possible.
PICCADILLY FOOTWEAR SOUTH AFRICA
UB CREATIVE (PTY) LTD
DELIVERY & RETURNS POLICY
1. Place of Delivery, Time of Delivery and Delivery Fees
1.1. UB Creative Offers a door to door delivery service at R60.00 per parcel to all areas within South Africa. Delivery time takes from 3-7 business days, unless specified otherwise, for all areas within South Africa.
1.2. An additional fee of R350.00 flat rate will be charged for those ordering from neighboring countries of South Africa and delivery times extend to 3-15 business days, unless specified otherwise.
1.3. Where a purchaser resides in any country not being South Africa or South Africa’s neighboring country, we will contact you and arrange alternate delivery.
1.4. UB Creative will make every reasonable effort to ensure that the delivery costs displayed on the site are correct at the time of your purchase. However, if a delivery fee is incorrectly displayed, UB Creative will not be obliged to deliver products at an incorrect delivery fee. UB Creative will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct delivery fee.
1.5. UB Creative does not deliver to PO Box addresses.
1.6. As a buyer, you indicate where in South Africa you require delivery, as well as contact numbers to be used in connection with delivery. Your parcel will be delivered to the address you specified in the checkout process
1.7. 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 leave a note (in the letterbox if a residential address) to indicate that there was an attempted delivery
1.8. The courier will try once more, and if at that time there is still no one to sign for the parcel, the parcel will be returned to our warehouse and a return will be processed for the goods. You will be contacted in order to confirm the refund method you would prefer.
2. Delivery Time and Delays
All UB Creative deliveries take place during business hours i.e. there are no deliveries over weekends or on public holidays. Please take this into consideration when requesting delivery.
3. Complete Delivery
3.1. A delivery is considered complete as soon as the parcel is accepted by an individual on your behalf at your specified delivery address.
3.2. This also applies when the package has been handed over by the courier, as indicated in the courier's tracking system.
3.3. It is the buyers’ responsibility to inspect the parcel upon delivery and make known any justifiable complaints. If the parcel has been damaged in any way, the buyer has the right to refuse delivery.
3.4. Such complaints and claims must be brought to the attention of UB Creative by calling our call centre on: 011 615 3472 (Monday to Friday, 09:00 to 18:00) or alternatively you may email us on email@example.com.
4. Defective items, Returns and Reimbursement
4.1. If you are dissatisfied with your purchase due to a defect, incorrect product choice in respect of sizing or other reason not simply including a change of heart, you may return it to UB Creative within 7 days of delivery, by the same shipping method which the parcel was received. UB Creative will then have 15 days to effect reimbursement of the full value of the product (excluding shipping) (considering 2-3 days for money to reflect in your account) or UB Creative will supply you with store credit to the same value of the returned item to purchase an alternative item.
4.2. In the event of a damaged or incorrect item having being delivered, UB Creative will evaluate each case and will issue or refund or supply store credit to the same value.
4.3. Any charges incurred in respect of delivery for the return of a product, other than that of a defective or damaged product, will be at the expense of the purchaser
5. Exchanging non-defective product(s)
5.1. Within 7 days of the order being delivered to you, you may exchange such a product for a different size provided that it is the exact same product and colour with the provision that such an ordered size is available. In the event that a different size of the same style and colour is not available, UB Creative will supply you with store credit to the same value of the returned item to purchase an alternative item.
5.2. UB Creative reserves the right not to accept any returns unless it is sent back in the original packaging, with the labels attached, an invoice supplied upon purchase and in a resalable condition. Footwear must therefore be returned in the original shoe box and such box must be securely sealed within another box.
6. Returning non-defective product(s)
You are entitled to return any purchase from UB Creative within 7 days of the goods being delivered within South Africa, free of charge. In order to obtain a refund of the same value of the product returned it must be returned in the same manner described in the exchange policy above.
7. Returning incorrect product(s)
7.1. UB Creative will make all reasonable efforts to ensure that the correct prices, images, item description and size break-downs. However, should UB Creative deliver the incorrect products to you, you must follow the following procedure:
7.1.1.Do not remove the product from the original packaging or remove the labels;
7.1.2.Contact UB Creative on 011 615 3472 or Email us on firstname.lastname@example.org and inform us of the incorrect delivery as soon as possible.
7.2. UB Creative will then arrange for collection of the incorrect item and arrange for the item to be replaced for the correct item ordered or, in-store credit to the same monetary value of the ordered item should the originally ordered item not be available or, for the refund of the monetary value of the originally ordered item.
8. Returning a defective or damaged product(s)
8.1. General warranty
UB Creative will do its best to ensure that the products delivered are of high quality and without defect. However, if within 6 months of delivery of a product, you find that the product is faulty, not commercially acceptable, unsuitable for the purpose generally intended (or otherwise expressly indicated by UB Creative at time of purchase), or not legally or reasonably durable (based on the circumstances and product type);
Kindly contact UB Creative on 011 615 3472 or email us at email@example.com (subject lining containing “defective product”). We will then request that you send pictures of the defective product and will arrange for collection of the product to be checked by our quality assurance team.
Should the product indeed be found to be defective you may:
1. Be fully refunded;
2. Have the product replaced at UB Creative’s expense or
3. Where such product is no longer available, UB Creative may provide you with credit to the value of the defective product and exclude delivery fees on the subsequent delivery.
Should the product be found to not be defective and is commercially acceptable, you will not be entitled to the aforementioned remedies and instead be liable for costs incurred in respect of delivery of the product being returned to UB Creative and consequently being sent back to the purchaser.
A product is not considered defective if:
1. The faults/damage are a result of normal wear and tear;
2. damage arising from incorrect usage of the product;
3. the item has a reasonable amount of manufacturing or production imperfections, but is acceptable in accordance with the generally accepted commercial practices.
Unless defective, the following may not be returned to UB Creative:
1. Products that you or any other person has altered, repaired, incorporated or added to where such alteration, repair, incorporation or addition has not been authorised by UB Creative.
You may be refunded within 15 business days after the product was cleared by the UB Creative Quality Assurance team in the following manners:
1. Should you have requested store credit, such credit will reflect in your UB Creative account; or
2. Should you have paid via credit card or debit card, the refund will be processed to your card.
9.1. Refund: discount sales, coupons and pre-orders
1. Any item purchased on sale that is subsequently returned, only the reduced price will be refunded.
2. Any returned items previously bought where the full purchase price was paid and is now on sale, UB Creative will only reimburse the full amount paid.
3. Any purchase made where a coupon was redeemed and wish to return the product purchased, only the monetary value will be refunded as per the request, the value of the coupon will not be refunded or credited to your account.
4. Any cancellation of pre-orders prior to delivery may be refunded to the full monetary value paid (the same policies apply where a coupon is used). Where cancellation of a pre-order occurs after delivery the normal policies for refund and returned products will be applicable.