Theta Footwear offers trending footwear in-store as well as online. In order to purchase from Theta Footwear’s online shop, you need to register. By registering on www.thetasa.co.za it means that you have read, understood and accepted these Terms and Conditions. If there is anything that you do not understand in the Terms and Conditions, it is your responsibility to contact Theta Footwear.

Introduction

1.1 The Theta Footwear online shop and Website can be accessed on www.thetasa.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by THETA FOOTWEAR (PTY) Ltd.

1.2 These Website Terms & Conditions (“Terms and Conditions”) are relevant to 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. By using the Website and by clicking on the “Register Now”/“Sign up” button on the Website, you acknowledge that you have read, understand and agree to these Terms and Conditions.

1.4 The Website enables buyers to shop online for an extensive range of goods by selected brands which may include footwear, apparel and accessories (“Goods”).

Information

2.1 Full Name: Theta Footwear, a division of THETA FOOTWEAR (Pty) Ltd, a private company registered in South Africa 2016/095587/07.

2.2 Main Business: Retailer

2.3 Physical address for receipt of legal service (also postal and street address):

Theta Footwear Head Office – Gauteng
Shop 11 Vaal Walk Centre
DF Malan Street
Vanderbijlpark CBD
1900

2.4 Office Phone Number: 016-931-1975

2.5 Official email address: theta.vdbl@gmail.com

Registration And Use Of The Website

3.1 When making a purchase on the Theta Footwear Website, you must first register on the website. To register as a user, you must provide a unique username and password and provide certain information and personal details to Theta Footwear.

3.2 You will need to use your unique username and password to access the Website in order to purchase your Goods. Everytime you are returning to the Website, you would need to input these details again.

3.3 You agree that your username and password shall:

3.3.1 Be used by you for your personal use only; and

3.3.2 Not be disclosed by you to any third party.

3.4 For security purposes you agree to enter the correct username and password whenever purchasing Goods from www.thetasa.co.za If you fail to input the correct details, you will be denied access from purchasing on the Website.

3.5 You agree that, once the correct username and password have been entered, irrespective of fraud, perpetrated by whom and howsoever you will be liable for payment of your order.

3.6 You agree to notify Theta Footwear immediately should you suspect any unauthorized access or use of your username and password on the Website.

3.7 To place an order on the Theta Footwear Website, you must be 18 (eighteen) years of age or older, and of full legal capacity. If you are a minor, and under the age of 18 (eighteen) or you are not legally permitted to enter into an agreement, you may only use the Website with the involvement of supervision (parents or legal guardian). The legal guardian/parent will then be bound to these Terms and Conditions.

3.8 By acknowledging the Terms and Conditions of the Theta Footwear Website, you are agreeing that you will not use any device or software to interfere with the working of the Website.

3.9 You may not, under any circumstances use the Theta Footwear Website to distribute any material which is irrelevant, offensive or contains any hate speech.

3.10 You may not, under any circumstances, copy, display, publish or post any information on the Website for any business or personal use. In the case where you wish to publish something on the Website, or use this for anything other than that of the original purpose intended, you would need written consent from Theta Footwear.

3.11 You agree to receive electronic communication from Theta Footwear when you sign up for a Theta Footwear newsletter, opt into marketing communication, register an account, conclude a purchase, visit the site or send an email to theta.vdbl@gmail.com

Sales And Availability Of Stock

4.1All goods displayed on the Theta Footwear Website are subject to availability. Whether or not Theta Footwear accepts an order depends on availability of stock, correctness of information and receipt of payment.

4.2 The stated prices on our Website are in South African Rands and are only valid and effective in South Africa.

4.3 Theta Footwear have done their utmost best to accurately display the Goods. Please note that colours and details of the Goods may differ depending on the device that you are using to access the Website. We cannot be held liable for goods that differ in colour to that of what you thought.

4.4 Theta Footwear have done their utmost best to represent the amount of stock available for each type of Goods accurately. We cannot be held liable for any misrepresentation or errors of the Website that may influence the correct representation of stock. Should there be no relevant stock available, your payment will not be accepted. If you have already placed an order on the Website, Theta Footwear will notify you and you will be entitled to a refund of the amount paid.

4.5 Your transaction with Theta Footwear will only be completed once the goods have been delivered to you, and only at that point will an agreement of sale between you and Theta Footwear come into effect. We reserve the right to not process an order or to cancel an existing order if there has been an error. Theta Footwear will indicate the rejection of your order by cancelling it and refunding you for your amount paid, as soon as possible.

4.6 The Theta Footwear Website makes use of the wishlist and shopping basket function. Should you choose to place favoured items into your wishlist or shopping basket on the Website, it is your responsibility to follow up on this. Goods left in the shopping basket will not be purchased until the purchase has been completed by you by means of payment.

4.7Goods may be removed from the shopping basket if the stock is no longer available or the price thereof changed. You cannot hold Theta Footwear liable in whatsoever manner if your desired goods are no longer available, or available at a particular price.

4.8 Goods may not be purchased for re-sale. Should Theta Footwear suspect that any such Goods are being purchased for sale in any manner, we are entitled to cancel your order immediately on notice to you.

Payment

5.1When placing an order on the Theta Footwear Website, you must register for an account on the Website as detailed in the clause above.

5.2 Theta Footwear is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

5.3 Payment for the Goods that are for sale by Theta Footwear can be made via –

5.3.1 Debit Card: Theta Footwear accepts payments made by a debit card. The money comes directly from your account into Theta Footwear’s bank account. Upon payment, you will be required to enter your pin code to finalize the purchase.

5.3.2 Credit Card: Theta Footwear accepts payments from VISA and MasterCard Credit Cards.

Where payment is made by credit card, we may require additional information in order to authorize the payment. In such cases we are entitled to withhold delivery until the additional information is received and authorization is obtained by us. If we do not receive authorization, your order for the Goods will be cancelled. You warrant that you are fully authorized to use the credit card supplied for purposes of paying 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.

5.3.3 Direct Bank Deposit or Electric Funds Transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Theta Footwear will not accept your order if payment has not been received.

5.3.4. Instant EFT;

Instant EFT payment is available to all Nedbank, Standard Bank, Capitec, FNB and Absa customers. These payments are processed immediately and provide a secure transfer for immediate payment.

5.3.5. MasterPass

Masterpass is a simple, convenient, trusted digital wallet from MasterCard for faster, safer shopping at online merchants. Masterpass works with all major credit, cheque and debit cards and secures the users data using industry leading technology.

5.4 You may contact us on theta.vdbl@gmail.com to query or obtain a full record of your payment.

Delivery

6.1 Theta Footwear offers 1 (one) method of delivery. Delivery via:

6.1.1. Courier services which will deliver the Goods to your nominated address.

6.2 Theta Footwear will charge a fixed delivery fee of R99.00 for delivery to any location within South Africa. All delivery charges will be displayed in your cart when you check out. All orders over R2000 is free delivery.

6.3 The delivery of the Goods will be no later than 7 (seven) days of receipt of your payment (“the Delivery Period”). Should any unforeseen circumstances arise whereby Theta Footwear is unable to deliver the Goods during the Delivery Period, we will notify you as soon as we become aware of such unforeseen circumstances. You will have the option of cancelling your order of the Goods. Should your order be cancelled due to the above circumstances, we will reimburse you for the purchase.

6.4 Theta Footwear is not responsible for any loss or unauthorized use of Goods, after the Goods have been delivered. Theta Footwear’s obligation to deliver Goods is fulfilled and completed when the Goods have been delivered to the physical address stated by you, and all risk of whatsoever nature in the Goods will pass to you upon delivery to your address via courier services.

6.5 It is your responsibility to ensure that someone trusted is there for the delivery of your Goods, and that they are able to sign to prove that they have received the Goods. Should you claim that the Goods were not received, but the delivery note has been signed, Theta Footwear will not accept responsibility for the loss.

6.6 It is also your responsibility to ensure that the address given for courier delivery is correct. If you give an incorrect address, and delivery is accepted at that address, Theta Footwear will be under no obligation to refund any payments which you have made.

Returns

7.1 If you are dissatisfied with your purchase due to a defect or incorrect product choice, you may return it with the tags attached, in its original packaging, within 10 days of delivery, by the same delivery method which the parcel was received. The Goods must NOT have been used.

7.3 If you are returning the Goods via courier service, a delivery fee will be charged.

7.4 In the case of a damaged or incorrect Goods having been delivered, Theta Footwear will evaluate the case and issue a refund upon proof of the damaged/incorrect item. A refund will only be done in the original form of payment i.e. Cash for cash or credit for credit into the credit card used on original payment.

7.5 If Theta Footwear concludes that the returned item has been worn or damaged in any way by the customer, it will be returned to the customer at their own cost of service.

7.6 When returning goods in-store that was purchased online, the courier amount will not be refunded. i.e. If the shoe was R550 and the customer paid R600 for the courier service, only R550 will be returned to the customer.

7.8 If you are exchanging your Goods, you need to contact the customer service team at theta.vdbl@gmail.com

Content Of The Website

8.1 Theta Footwear reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.

8.2 Theta Footwear reserves the right to change and amend the Goods, prices and rates quoted on the Website from time to time.

8.3 Theta Footwear may use the services of third parties to provide information on the Website. Theta Footwear has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness, or correctness. You agree that such information is provided “as is” and that Theta Footwear and its online partners shall not be liable for any losses or damages that may arise from your reliance on it, howsoever it may arise.

8.4 Theta Footwear makes all efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. Should there be any errors on the Theta Footwear Website, we shall not be liable for any loss, claim or expense relating to a transaction based on any error.

Discounted Goods And Promotions

9.1 Theta Footwear may occasionally offer certain Goods at discounted prices as part of an End of Season Sale, promotion or deal. These Goods may be subject to their own terms and conditions. If you buy Goods during the time period of a promotion or sale, you will pay the discounted price.

9.2 If you buy Goods outside the time period of the promotion or sale, then you will pay the then current selling price on the Website i.e. Normal price.

Privacy Policy

10.1 Theta Footwear respects every person using the Website, and their privacy. We will take all reasonable measures to ensure that your personal information is kept secure and protected.

10.2 Should you decided to register as a user on the Theta Footwear Website, we may require you to provide us with personal information which includes but is not limited to –

10.2.1. your name and surname;

10.2.2. your email address;

10.2.3. your physical address;

10.2.4. your gender;

10.2.5. your mobile number; and

10.2.6. your date of birth.

10.3. Should your personal information change, please inform us and provide us with updates as soon as possible, to enable us to update your personal information.

10.4. By agreeing to these Terms and Conditions – i.e. by creating an account you consent thereto that Theta Footwear may disclose any of your personal information:

10.4.1. to our employees 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;

10.4.2. to our divisions 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);

10.4.3. to law enforcement, government officials, fraud detection agencies or other third parties, to support the investigation into suspected illegal activity, or to investigate any violations of these terms & conditions;

10.4.4. to our service providers (under contract with Theta Footwear) who help with parts of the business operations. Please note that our contact with our service providers dictate that they may only use your information in connections with the services they perform for Theta Footwear; and

10.4.5. as otherwise provided in applicable legislation or South African common law.

10.5. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability for unauthorized or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control.

Use Of Cookies

The Theta Footwear Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a Website can use (and which we may use) to recognize repeat users, facilitate the user’s on-going access to and use of a Website and allow a Website to track usage behaviour and compile aggregate data that will allow the Website operator to improve the functionality of the Website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited.

Changes To These Terms & Conditions

Theta Footwear may change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms & Conditions. Should you not be satisfied with any clause, you must not place any further orders on, or in any other way use, the Website.

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 which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Theta Footwear, its advertisers and/or sponsors and/or is licensed to Theta Footwear.

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 imitation of the Website Content is prohibited. To obtain permissions for the commercial use of any Website Content contact us via email at theta.vdbl@gmail.com page.

13.4. Where any of the Website Content has been licensed to Theta Footwear or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third-party terms and conditions.

Disclaimer

14.1. The use of the Theta Footwear Website is entirely at your own risk. We will not take any responsibility for any risk or loss resulting from use of the Website.

14.2. Theta Footwear takes reasonable measures to ensure that the content of the Website is accurate and complete. Theta Footwear cannot however, take responsibility for the quality, timeliness, operation, integrity, availability or functionality of the Website.

14.3.Theta Footwear disclaims liability for any loss or damage arising from the use or access to the Website and/or any content therein unless otherwise provided by law.

14.4. The Theta Footwear Website and the information provided on the Website is provided without any warranty of any kind, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed by law.

14.5. Please note that Theta Footwear also takes no responsibility or makes no warranty for the files available on the Website are free from viruses, spyware, malware, Trojans, destructive materials or any other data or code which is able to corrupt, destroy or compromise the functionality or content of your computer system, computer network, mobile device, hardware or software. Theta Footwear accepts no responsibility for any damage, loss or liability of any nature arising from your connection or access to the Website.

14.6. Any views or statements made or expressed on the Website are not necessarily the views of Theta Footwear, its directors, employees and/or agents.

Linked Third Party Websites

The Theta Footwear Website may contain links or references to other websites. These links are not within the control of Theta Footwear and our Terms & Conditions do not apply to these Third-Party Websites. Theta Footwear will not accept responsibility for any activity that may incur on these websites, any loss or damage, nor will we take responsibility for the privacy policies or the “cookies” that those sites may use.

Limitation Of Liability

16.1. Your use of the Website and the information contained on the Website is entirely at your own risk and you assume full responsibility and risk of loss resulting from use thereof.

16.2. The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. You bear all risk of transmitting information in this manner. Under no circumstances shall Theta Footwear be liable for any loss, harm, or damage suffered by you as a result thereof. Theta Footwear reserves the right to request independent verification of any information transmitted via e-mail and you consent to such verification should Theta Footwear deem it necessary.

16.3. To the extent permissible by law;

16.3.1. Neither Theta Footwear, its affiliates, shareholders, agents, consultants, directors or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Website or any functionality thereof, or the information contained on the Website, or any linked website, even if Theta Footwear knows or should reasonably have known or is expressly advised thereof.

16.3.2. The liability of Theta Footwear for faulty execution of the Website as well as all damages suffered by you, whether direct or indirect, as a result of the malfunctioning of the Website shall be limited to Theta Footwear rectifying the malfunction, within a reasonable time and free of charge, provided that Theta Footwear is notified immediately of the damage or faulty execution of the Website. This liability shall fall away and be expressly excluded if you attempt to correct or allow third parties to correct or attempt to correct the Website without the prior written approval of Theta Footwear. However, in no event shall Theta Footwear be liable to you for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Website or its use or the delivery of Goods, or performance or use of the Website in combination with other computer software.

16.4. Theta Footwear makes no warranty or representation as to the availability, accuracy or completeness of the content of the Website. You expressly waive and renounce all your rights of whatever nature that you may have against Theta Footwear for any loss suffered by you, as a result of the information supplied by Theta Footwear being incorrect, incomplete or inaccurate.

16.5. You are encouraged to contact us to report any possible errors/malfunctions by emailing theta.vdbl@gmail.com. Alternatively, you can contact 016 931 1975.

Availability And Termination

17.1. Theta Footwear will maintain the availability of the Website. Should the Website need maintenance, we are entitled to discontinue providing the Website or any part thereof with or without notice to you.

17.2. Theta Footwear may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Theta Footwear 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.

17.3. Should you fail to comply with the Terms & Conditions on the Theta Footwear Website, or should we feel that you are abusing the rights of the Website in any manner, we may in our sole discretion with or without notice to you, lead to a suspension and/or termination of your access to the Website.

17.4. The Theta Footwear Website prohibits its users to create multiple user profile.

17.5. If Theta Footwear is running a promotion, sale or competition whereby the user needs to register with their profile in order to benefit from the discount or use this as their form of entry, and multiple user profiles have been created for the benefit of this, we can suspend or terminate your accesses to use of our Website, with or without notice to you.

17.6. At any time, you can choose to stop using the Website, with or without notice to Theta Footwear.

Law And Jurisdiction

18.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms & Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.

18.2. In the event of any dispute arising between you and Theta Footwear, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

General

19.1. Theta Footwear 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.

19.2. Any failure on the part of you or Theta Footwear to enforce any right in terms hereof shall not constitute a waiver of that right.

19.3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

19.4. 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; provided that Theta Footwear may unilaterally amend the Terms and Conditions, which amendments will become effective and binding, and your subsequent tacit acceptance thereof by the use of the Website.

19.5. These Terms and Conditions contain the whole agreement between you and Theta Footwear and no other warranty or undertaking is valid, unless contained in this document between the parties.