TERMS AND CONDITIONS OF USE
The Pierre Online shop can be accessed at www.pierre-cardin.co.za/shop (“Site”). This Site enables visitors to the Site (“Users” or “you”) to shop online for products, including but not limited to Pierre Cardin luggage, handbags, wallets and purses (“the products”) and have the products delivered to them in South Africa.
These Terms and Conditions govern the supply by us of any products ordered by you on the Site. By agreeing to order a product on this Site, you confirm that you have read and understood these Terms and Conditions and agree to be legally bound by these Terms and Conditions.
This Site is owned and run by Intershu Distributors (Pty) Ltd (registration number 1999/014863/07).
Users shall only be entitled to use this Site to browse the content, make legitimate purchases and shall not use this Site for any other purpose. The content provided in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. The unauthorised use of this Site and/or any content contained herein may violate intellectual property rights.
We try to ensure that the information contained on this Site is accurate and complete. Your use of this Site is at your own risk. The content of this Site is provided to you “as is” without warranty of any kind, whether expressed or implied.
In order to register for this Site and be able to purchase products, you will be required to enter your email address and a unique password as well as certain personal information. You agree that your password will only be used by you for personal use and will not be disclosed by you to any third party. You agree to notify us immediately upon becoming aware of any unauthorised access to or use of your password and/or email address and you undertake to do everything possible to mitigate any loss or harm caused by the unauthorised access to or use of your password.
Should you wish to purchase any product advertised for sale on the Site and provided that such products are not sold out, a contract of sale will be concluded between us once you have placed an electronic order for the product/s by completing the online order form, made payment as required and we confirm receipt of payment and the order placed.
The products shall be sold at the prices listed on the Site, for as long as they are available.
Once payment has been received for the products ordered by you, we shall deliver the products either door-to-door to the physical address specified by you or door-to-counter free of charge. During the checkout process we shall determine your delivery options based on your delivery address and postal code. Deliveries are dispatched within 5 to 7 days of receipt of payment. Deliveries are done Monday to Friday between the hours of 08h00 and 17h00. If the product/s is not shipped within the specified period you shall be entitled to cancel your order upon notice to us and we shall refund you the price paid by you for the product/s.
A delivery is complete once the parcel is accepted by you or by an individual on your behalf at the delivery address specified by you or the parcel is delivered to the relevant post office.
Upon receipt of the products it is your responsibility to examine the products and if you have any complaints regarding the products delivered, you must immediately notify us on the contact details specified below.
We accept payments made by Visa and Mastercard bank cards (both credit cards and debit cards) via Payfast and payments made by electronic funds transfer into our designated bank account. Products will only be processed for delivery to you once we have received payment confirmation via Payfast or when the money has cleared in our bank account if paid by you by electronic funds transfer.
We are entitled, within our sole and absolute discretion, to cancel your order in the event that we suspect fraud and if the products ordered are no longer available and save for the repayment to you of any amounts already paid for the products, we shall not be liable to you for any reason whatsoever.
7. RETURN OF NON-FAULTY PRODUCTS
You are entitled to return any products purchased by you, at your cost, for a full refund within 14 days of your order being delivered to you, provided that we reserve the right not to accept a return if the product you wish to return is not sent back to us in the exact packaging it was received in, with labels attached, in a resalable condition.
Should we deliver the incorrect product/s to you, upon notice from you, we shall, as soon as reasonably possible, resolve the error by delivering the correct product/s to you, at our cost, and collecting the incorrect product/s, provided that the incorrect product/s is in the exact packaging it was received in, with labels attached, in a resalable condition.
8. RETURN OF FAULTY PRODUCTS
Within 6 months after the delivery of any product/s to you, you may return the product/s to us, if the product/s is unsuitable for the purposes for which it is generally intended; or is not of a good quality, in good working order and free of any defects; or is not useable and durable for a reasonable period. Please notify us and we will collect the alleged faulty product/s in order to examine the product/s to determine whether or not the product/s is faulty as aforesaid.
If we determine that the product/s is in fact faulty, you are entitled, at your election to:
1. receive a refund; or
2. have the product/s replaced or repaired.
If we determine that the product/s is not faulty, you will not be entitled to any refund, repair or replacement.
For the avoidance of any doubt, any damage or defects caused by normal wear and tear or as a result of your actions or omissions will not entitle you to the rights afforded to you in terms of this clause and we may require you to refund us for the transport costs incurred in collecting the product/s from you.
9. INTELLECTUAL PROPERTY
All intellectual property rights (including, without limitation, rights of copyright, designs, patents and trademarks) relating to this Site, the content thereof and these Terms and Conditions are held by us.
10. RISK, LOSS AND OWNERSHIP
Ownership of and all risk in and benefit of the products shall pass to you upon delivery, provided that payment has been received by us in full.
11. LIMITATION OF LIABILITY
We confirm that we are bound by the provisions of the Consumer Protection Act, 68 of 2008 and the Electronic Communication and Transactions Act of 2002 (“the Electronic Act”).
Notwithstanding anything to the contrary contained in these Terms and Conditions, we shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including but not limited to data loss, lost revenues and/or loss of profits) arising from the use, abuse or misuse of this Site and/or its content or arising as a result of any inaccurate information published on the Site.
We provide no guarantees, express or implied that the content or technology attached to this Site is free of errors or omissions.
12. CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)
We shall not be liable to you for delay or failure in the performance of any of our obligations hereunder if such delay is due to causes beyond our reasonable control, including, without limitation, acts of God, fires, storms, floods, earthquakes, riot, acts of war, civil unrest or intervention of any governmental authority. If we are affected by force majeure, we will promptly inform you. In the event that the force majeure continues for more than 7 days, either of us may terminate your order, in which case we shall refund the amount paid by you for the product/s ordered. Save for the refund, neither of us shall be liable to the other for termination of the order.
13. GOVERNING LAW
This Site is hosted, controlled and operated from the Republic of South Africa and therefore these Terms and Conditions together with all of our policies and procedures are governed by South African law.
We choose as our domicilium address for all purposes under these Terms and Conditions, whether in respect of court process, legal notices or other documentation, the following address:
Address: Intershu Distributors, Raceway Industrial Park, 5 Monte Carlo Drive, Gosforth Park, Germiston
With an electronic copy sent to the following email address: firstname.lastname@example.org (which copy must be delivered together with the service of the physical document).
Any dispute arising from or in connection with these Terms and Conditions shall be finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the aforesaid foundation.
The provisions of this clause shall not preclude either of us from due access to the courts of law for an interdict or any urgent relief, even where a dispute exists.
We are entitled, in our sole discretion to update these Terms and Conditions at any time. When we do, the date appearing at the bottom of this page shall be updated. We encourage Users to frequently check this page to determine whether any changes have been made. You acknowledge and agree that it is your responsibility to review these Terms and Conditions periodically in order to become aware of modifications thereto.
No party shall be regarded as having waived, or be precluded in any way from exercising, any right under or arising from these Terms and Conditions by reason of such party's having at any time granted any extension of time for, or having shown any indulgence to another party with reference to, any payment or performance hereunder, for having failed to enforce, or delayed in the enforcement of, any right of action against any other party.
Each provision of these Terms and Conditions is severable from all others, notwithstanding the manner in which they may be linked together or grouped grammatically and if in terms of any judgement or order, any provision, phrase, sentence, paragraph or clause is found to be defective or unenforceable for any reason, the remaining provisions, phrases, sentences, paragraphs and clauses shall nevertheless continue to be of full force.
These Terms and Conditions contain the entire agreement between us in regard to the subject matter thereof.
We may collect personal information (as defined in terms of the Promotion of Access to Information Act 2 of 2000) from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site and place an order for the products and/or in connection with other activities, services, features or resources we make available on this Site. You may be asked for personal information, as appropriate, including but not limited to your name and surname, date of birth, email address, mailing address and phone number. Users may, however, visit our Site anonymously.
We will collect personal information from Users only if they voluntarily submit such information to us. Users are always entitled to refuse to supply personal information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information. We own and reserve the right to all non-personal statistical information collected and compiled by us.
Web browser cookies
How we use collected information
Pierre Cardin Online shop collects and uses Users’ personal information for the following purposes:
• To improve customer service
Your information helps us to more effectively respond to your customer service requests and support needs.
• To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
• To improve our Site
We continually strive to improve our website offerings based on the information and feedback we receive from you.
• To send periodic emails
The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails including but not limited to company news, updates, related product or service information. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or alternatively User may contact us via our Site.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchanged between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
YOUR ACCEPTANCE OF THESE TERMS
By using this Site, you signify your acceptance of these Terms and Conditions. If you do not agree with these terms and conditions, please do not use our Site. Your continued use of the Site following the posting of any changes to these Terms and Conditions will be deemed to be your acceptance of those changes.
The Electronic Act requires that we make certain information public on our Site where the goods are offered. Our information is as follows:
Company name: Intershu Distributors (Pty) Ltd
Registration No: 1999/014863/07
Core business: Importers and exporters of footwear
Legal Notice Address: Intershu Distributors, Raceway Industrial Park, 5 Monte Carlo Drive, Gosforth Park, Germiston, 1401.
Directors: John Makrides, Myron Christoforakis, Anthony Christoforakis and Peter Christoforakis
Official email address: email@example.com
Pierre Cardin Online shop
011 345 8000