Terms of service

Introduction

1.1. This website can be accessed at www.kswiss.co.za, related mobi-sites and software applications (the "Website") and is owned and operated by Partisan Trading (Pty) Ltd, trading as K-Swiss South Africa ("Partisan", "we", "us" and "our"). Partisan is the authorised distributor of K-Swiss in South Africa.

1.2. These Website Terms and Conditions ("Terms and Conditions") govern the ordering, sale and delivery of Goods, and the use of the Website.

1.3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website ("you", "your" or "user"), including without limitation each user who registers as contemplated below ("registered user"). By using the Website, placing an order or registering on the Website, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.4. The Website enables you to shop online for K-Swiss footwear, apparel and accessories ("Goods").

Important notice

2.1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the "CPA").

2.2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

2.2.1. may limit the risk or liability of Partisan; and/or

2.2.2. may create risk or liability for the user; and/or

2.2.3. may compel the user to indemnify Partisan; and/or

2.2.4. serve as an acknowledgement, by the user, of a fact.

2.3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

2.4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Partisan to explain it to you before you accept the Terms and Conditions or continue using the Website.

2.5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Partisan in terms of the CPA or the Electronic Communications and Transactions Act, 25 of 2002 (the "ECT Act").

2.6. Partisan permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

2.7. These Terms and Conditions are divided into three sections: Part A – Orders and Sales; Part B – Privacy; and Part C – General Legal Terms.

Returns

3.1. Please refer to our Return and Refund Policy for cancelling orders after delivery, and for returns, exchanges and related refunds, replacements or repairs. The Return and Refund Policy is incorporated by reference (which means that it forms part of these Terms and Conditions). In short: full-price items may be returned or exchanged within 14 days of delivery; sale items cannot be exchanged or returned other than under the 7-day cancellation right in section 44 of the ECT Act; defective goods are covered by the six-month warranty in section 56 of the CPA.

PART A – ORDERS AND SALES

Registration and use of the Website

4.1. You may place an order as a guest or as a registered user. Registered users can save their details, track orders and manage delivery addresses.

4.2. If you register, you agree that your login details shall be used for personal use only and shall not be disclosed by you to any third party.

4.3. You agree that, once the correct login details relating to your account have been used, irrespective of whether the use is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.

4.4. You agree to notify Partisan immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your account and to take steps to mitigate any resultant loss or harm.

4.5. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

4.6. 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 use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained in it, without the prior written consent of an authorised Partisan representative (such consent is deemed given for standard search engine technology).

4.7. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

4.8. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained in it without the express prior written consent of an authorised Partisan representative.

Conclusion of sales and availability of stock

5.1. Users may place orders for Goods, which Partisan may accept or reject. Whether or not Partisan accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Partisan for the Goods.

5.2. NOTE: Partisan will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and Partisan come into effect (the "Sale"). This is regardless of any communication from Partisan stating that your order or payment has been confirmed. Partisan will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

5.3. If you need to change or cancel an order before it is dispatched, contact us immediately at admin@partisanandco.com or call/WhatsApp 063 078 2620 and we will do our best to help. After dispatch of your Goods, you may cancel the Sale only in accordance with the Return and Refund Policy.

5.4. Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and Goods may be removed from the shopping basket if stock is no longer available. You cannot hold Partisan liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage.

5.5. You acknowledge that stock of all Goods on offer is limited. Partisan will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, offers of it are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Partisan will notify you and you will be entitled to a refund of the amount paid by you for such Goods.

Payment

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

6.2. Payment can be made by credit or debit card (Visa, Mastercard), EFT, and the buy-now-pay-later options shown at checkout (such as PayJustNow and PayFlex). Where payment is made by card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until the additional information is received and authorisation is obtained. If we do not receive authorisation, your order will be cancelled. You warrant that you are fully authorised to use the card or account supplied to pay for the Goods.

6.3. The payment options are explained in more detail in our FAQs, which are incorporated by reference.

6.4. You may contact us by email at admin@partisanandco.com to obtain a full record of your payment. We will also send you email and SMS communications about your order and payment.

6.5. Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a secure site for payment of the applicable purchase price for the Goods.

Delivery of Goods

7.1. Partisan delivers Goods by courier anywhere in South Africa, or you may collect your order free of charge from our Parkhurst store. Delivery options, costs and times are set out in our Shipping Policy, which is incorporated by reference.

7.2. Where it accepts your order, Partisan will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment ("Delivery Period"). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification, elect whether or not to cancel your order. If you elect to cancel your order, we will reimburse you for the purchase price.

Errors

8.1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Return and Refund Policy.

Vouchers, coupons and promotions

9.1. Partisan may from time to time make electronic gift vouchers ("Vouchers") and electronic promotional coupons ("Coupons") available for use on the Website. Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.

9.2. Coupons are issued in Partisan's sole discretion; users do not have a right to Coupons. Unless specified otherwise on the Coupon itself: a Coupon can only be used once; only one Coupon can be used per order; and the value of the Coupon will be set off against the value of your shopping basket, with the balance, if any, payable by you.

9.3. Coupons cannot be used to buy Vouchers or other Coupons, cannot be exchanged for cash, and are not transferable to any other person.

9.4. If Partisan is running a special where a discount is automatically applied at checkout and you try to redeem a Coupon as well, the promotion of greater value or benefit to you will be applied.

9.5. From time to time Partisan will run promotions, either on selected products or site wide, each with its own terms and conditions. Promo-code discounts, even if site wide, apply only to physical products and not to gift vouchers or gift cards.

PART B – PRIVACY

Privacy

10.1. We respect your privacy and will take all reasonable measures to protect it in line with the Protection of Personal Information Act, 4 of 2013. How we collect, use and protect your personal information is set out in our Privacy Policy, which is incorporated by reference.

10.2. Partisan undertakes never to sell your personal information or make it available to any third party other than as provided for in the Privacy Policy, unless we are compelled to do so by law. In the event of a fraudulent online payment, Partisan reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation.

10.3. This Website uses cookies. If you do not want information collected through cookies, most browsers allow you to refuse them; some features of the Website may then not be available to you.

PART C – GENERAL LEGAL TERMS

Changes to these Terms and Conditions

11.1. Partisan may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to check these Terms and Conditions regularly. Should you not be satisfied with a change, you must not place any further orders on, or in any other way use, the Website.

11.2. Any such change will only apply to your use of this Website after the change is displayed on the Website.

Electronic communications

12.1. When you visit the Website or send emails to us, you consent to receiving communications from us electronically in accordance with our Privacy Policy.

Ownership and copyright

13.1. 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 ("Website Content") are protected by law, including but not limited to copyright and trade mark law. The K-Swiss name and logos are trade marks of their owner and are used under licence. The Website Content is the property of Partisan, its licensors, advertisers and/or sponsors.

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

13.3. 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. To obtain permission for the commercial use of any Website Content, please email admin@partisanandco.com.

Disclaimer

14.1. 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.

14.2. Whilst Partisan takes reasonable measures to ensure that the content of the Website is accurate and complete, Partisan 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.

14.3. Partisan disclaims liability for any damage, loss or liability, 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 in it unless otherwise provided by law.

14.4. Although Goods sold from the Website are covered by the warranties set out in the Return and Refund Policy and the CPA, the Website itself and all information provided on it is provided "as is" without warranty of any kind, as may be allowed in law.

14.5. Partisan makes no warranty that the information or files available on the Website are free of viruses or other harmful code, save where such risks arise due to the gross negligence or wilful misconduct of Partisan, its employees, agents or authorised representatives.

Linked third-party websites

15.1. This Website may contain links or references to other websites ("Third Party Websites") which are outside of our control. These Terms and Conditions do not apply to those Third Party Websites and Partisan is not responsible for their practices, privacy policies or cookies. Your use of Third Party Websites is entirely at your own risk.

Limitation of liability

16.1. Partisan 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 Partisan, its employees, agents or authorised representatives. Please report any possible malfunctions or errors to admin@partisanandco.com.

16.2. PARTISAN 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, SAVE AS PROVIDED FOR IN THE CPA.

16.3. YOU HEREBY INDEMNIFY PARTISAN AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR UNLAWFUL USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

Availability and termination

17.1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part of it with or without notice to you, subject to processing any orders already made by you.

17.2. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without prejudice to any other claims we may have against you.

Governing law and jurisdiction

18.1. These Terms and Conditions and any dispute arising from or in connection with them shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the South African courts.

18.2. Nothing in this clause 18 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

Notices

19.1. Partisan selects the address in clause 20.3 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions. Partisan may change this address from time to time by updating these Terms and Conditions.

19.2. You select the address specified on your order as your address for notices, but you may change it to any other physical address by giving Partisan not less than 7 days' notice in writing.

19.3. Notices must be in English and sent by hand, prepaid registered post or email. Notices delivered by hand are deemed received on the date of delivery; by prepaid registered post, 10 days after posting; and by email, on the day after it is sent.

Partisan information

For the purposes of section 43 of the ECT Act, Partisan's information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions on the Website:

20.1. Full name: Partisan Trading (Pty) Ltd, trading as K-Swiss South Africa, a private company registered in South Africa with registration number 2017/195849/07; VAT number 4790277729.

20.2. Main business: wholesale and retail of footwear and apparel, including online retail.

20.3. Physical address (also for receipt of legal service): 25 4th Avenue, Parkhurst, Johannesburg, Gauteng, 2193.

20.4. Office bearer: Bruce Whiffler.

20.5. Phone number: 063 078 2620. Email: admin@partisanandco.com. Website: www.kswiss.co.za.

General

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

21.2. Any failure on the part of you or Partisan to enforce any right in terms of these Terms and Conditions shall not constitute a waiver of that right, and no indulgence or extension of time shall prejudice either party's rights.

21.3. If any term or condition contained in these Terms and Conditions is declared invalid, the remaining terms and conditions will remain in full force and effect.

21.4. These Terms and Conditions, together with the policies incorporated by reference, contain the whole agreement between you and Partisan.