“Online shoppers” refers to our customers who buy goods from us online using a using a web browser.
“KickAssKickz” “we“, “us” and “our” refers to KickAssKickas (Pty) Ltd
“Third Party” means any person or company that KickAssKickz has partnered with or used to facilitate the sale of online goods on the KickAssKickz Website
“You” refers to you, the customer, who makes a purchase online.
These are the terms and conditions that apply when you use our website to buy goods from us (“Online Shopping Terms”). The Online Shopping Terms must be read together with the terms and conditions that apply to the use of our websites, , the terms and conditions relating to delivery and returns as well the specific terms that apply to certain kinds of goods. Those terms and conditions are incorporated into these terms by reference.
When you buy goods from us, you agree to and accept all our terms and conditions. You also agree that KickAssKickz and its third party providers may send invoices to you electronically.
3. YOUR ONLINE PROFILE AND PERSONAL INFORMATION
- 3.1 When you register as an online shopper, you will have to create an online profile. This includes selecting a user name and password. You will be asked for your credentials (your user name and password) every time that you shop online with us. It is your responsibility to keep your credentials private and secure and not share them with anyone. Only authorised users may access their online profile with their credentials. We accept no liability for any damages or losses that you may suffer from the unauthorised use of your profile.
- 3.2 When you shop our goods online using our website, you give us your consent to collect and process your personal information, which we have to do in order to (for example) create and manage your account, process your payment, fulfil your order, communicate with you and deliver your goods. If you do not want us to collect and process your personal information, you should not register as an online shopper or shop with us online, as we will not be able to provide you with goods or services. Please refer to our Privacy Statement for more information on how we process, share and protect your personal information and your rights regarding your personal information.
4.GOODS AND PRICING
- 4.1 Description of Goods
KickAssKickz (Pty) Ltd is a South African registered business in the consumer retail industry that sells Sneakers and Clothes from the website www.kickasskickz.co.za
- 4.2 Goods subject to availability:
All goods displayed on our website are subject to availability. If any goods you ordered are not immediately available or are not available at all, we will let you know as soon as possible. Goods are only available for delivery in South Africa.
- 4.3 Price
The stated prices on our website are in South African Rand and are only valid and effective in South Africa.
- 4.4 Display
We will use our best efforts to accurately display the goods, specifically regarding their colour, description and price. Please remember however that the way you see the goods is also dependent on the device that you are using to access our websites or apps. We cannot guarantee that the goods you receive will look exactly as you have seen it.
- 4.5 Order completion
We will indicate the acceptance of your order by delivering the goods to you. Only at that point will your order be complete and an agreement of sale between you and us come into effect (the “Sale”). This is regardless of any communication from us stating that your order or payment has been confirmed. We will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amounts already paid. Adding goods to a wish list or placing it in an online shopping cart/bag without completing the purchase process (“checking out”) does not constitute a valid order, so we may remove the goods from your online bag/cart if stock is no longer available and change the price of the goods without notice to you. You cannot hold us or any third party seller liable if the goods are no longer available, or the price has changed when you check out or try to check out at a later stage.
- 4.6 Order cancellation by us
We reserve the right to not process an order or to cancel an existing order (partially or completely):
- If you have gone under debt review before your order is fulfilled;
- If, on our websites, we suspect that you have, or have tried to: abuse the website; intercept data; commit fraud; hack into our systems; or create multiple user profiles to take advantage of a promotion or other offer intended by us to be used once-off by you. We will also be entitled to blacklist you on our database, delete your profile and suspend or terminate your access to our websites and apps (in which case we accept no liability which may arise); and
- If there has been an error. Errors include system errors, the goods no longer being available, incorrect price, quantity or description of the goods. We will not be bound by errors and we will inform you of such errors as soon as we become aware of them.
If cancellation of an order is initiated by us, no cancellation fees will be payable. We will refund you the Rand value that you have paid, only if you have already paid for the cancelled order. We will not be liable for any loss or claim relating to a cancelled order or refusal to process an order. We are not bound by any incorrect information about goods that are on our third party providers’ websites.
5. DELIVERY, COLLECTION AND STORAGE
- 5.1 Delivery fee
We will charge a delivery fee for every order you place, which will be quoted and billed at checkout, delivery is not optional as physical collection is not an option.
- 5.2 Additional delivery charges
Additional delivery charges (which will vary, depending on your delivery address) apply to outlying areas, as well as the delivery of furniture. Delivery fees may change at any time without notice to you. The delivery fee and any additional charges applicable to your order will be communicated to you and must be paid when you place an order. For queries regarding delivery, please email our Customer Services on [email protected]
- 5.3 Delivery period
We will always do what is reasonably possible (but cannot guarantee that we will be able) to ensure that delivery happens on the agreed date. The delivery date is subject to change due to circumstances beyond our control. We will notify you should there be any delivery-related problems and we are unable to deliver on the agreed date.
- 5.4 Access to the delivery location
You must ensure that we can access the place of delivery, and that the location is cleared for the goods to be delivered.
- 5.5 Stock availability
We cannot guarantee the availability of stock, but will use reasonable efforts to ensure that stock is available and only display products on the website that is available. We will notify you when goods are no longer available after you have placed an order. We will refund you the Rand value for the goods you have purchased.
- 5.6 Accepting your delivery
If you are unable to accept the goods yourself, please ensure that you or your authorized representative are available at the delivery address. If anyone else accepts delivery of the goods at the delivery address, they are presumed to be authorized to accept the goods on your behalf. On delivery we will require that you or your authorized representative sign for the goods, write down your or their name and produce a form of identification (for example, an original ID or driver’s license). This is to confirm that the goods have been received. If no one is at the delivery address to accept delivery, we will contact you to arrange an alternative time. You will be charged additional delivery charges if we cannot deliver the goods to you due to access problems or if you are not available when we deliver the goods. If we are unable to deliver the goods to you after three attempts, or should we deem it appropriate under the circumstances, we reserve the right to cancel your order, deduct charges we have incurred for failed deliveries or additional storage, and refund the balance due to you. The South African Cellphone number used at checkout will be used to send a OTP (one time pin) that must be presented to the courier on delivery for the courier to complete the delivery.
- 5.7 Inspecting the goods
You must inspect the goods when they are delivered to you. If you are satisfied that the goods are in good condition and not damaged, you or your representative must sign the delivery slip, which will be proof that the goods have been delivered in a good, undamaged condition. If the goods are damaged in any way, you must note the reason for rejecting the goods and the nature of the damage on the delivery slip, notify us immediately and not accept delivery of the goods. If you do not note the reason for rejecting the goods and the nature of the damage on the delivery slip, we are entitled to regard the goods as if they were in good condition and not damaged when delivered to you.
- 5.8 Courier
We make use of courier services to deliver the goods to you. We are not be liable for any damage suffered or any losses incurred arising out of any act or omission by the courier, its directors, employees, sub-contractors, agents or representatives.
- 6.1 Zero Returns Policy
Due to the nature of the products sold by KickAssKickz, sales are final and cannot be returned on refunded.
- 6.2 Incorrect items or damaged goods delivered
Should we accidentally deliver the wrong goods to you, or if the goods were damaged during delivery
- Do not remove any of the stickers or labels, or remove the goods from its original packaging.
- Do not remove the serial number tag attached to each item.
- Do not wear or try to repair the item.
- Notify us as immediately and we will collect the goods from you at no charge. You can then choose if we should deliver the correct goods to you as soon as possible (if available), or issue you with a refund (using the same method of payment you originally used for the purchase).
7. IF YOU WANT TO CANCEL YOUR ORDER
You may under certain circumstances cancel your order.
You may cancel your order before it is dispatched for delivery by notifying us by emailing [email protected].
You cannot cancel an order once it has been dispatched or delivered.
8. PAYMENT & Options
- 8.1 We take reasonable steps to secure your payment information and we use a payment system that is sufficiently secure, with reference to accepted technological standards at the time of the transaction and the type of the transaction concerned. Transacting with us electronically (including transacting on our websites and apps using your credit card details) is safe and secure.
- 8.2 If you are paying by credit card, we will place a holding reserve of funds for the total cost of your online order. Final payment will only be processed on the finalization of your order and prior to delivery. You consent to our use of the services of reputable and secure third party payment service providers in order to process credit card transactions and acknowledge that doing so necessitates the disclosure of your credit card information when you make a purchase.
- 8.3 Payment options include paying by Card (Debit/Credit) or EFT by arrangement. All payments made by EFT require the funds to fully settle into the account of KickAssKickz before products will be shipped.
9. Card acquiring and security
Card transactions will be acquired for KickAssKickz via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks.
DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website.
Users may go to www.paygate.co.za to view their security certificate and security policy.
10. Customer Details separate from card details
For more detail on DPO PayGate refer to www.paygate.co.za.
11. Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa.
Transaction currency is South African Rand (ZAR).
KickAssKickz takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
This website is governed by the laws of South Africa and KickAssKickz chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature
Cnr OR Thambo &
Mandela Ave, Witbank,
KickAssKickz may, in its sole discretion, change this agreement or any part thereof at any time without notice.
15. Company Information
This website is run by KickAssKickz, a private company based in South Africa with registration number 2021/935027/07
16. Company Contact Information
Company Physical Address :
Cnr OR Thambo &
Mandela Ave, Witbank,