Terms & Conditions
2. We reserve the right, in our sole discretion, to amend and/or replace any, or all of, the Terms and such amendments shall supersede and replace any previous Terms and shall be made available on this website. Each time you access this website, you shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by us from time to time.
CONTENT OF THE WEBSITE
3. Chika Boutique (Pty) Limited (Registration Number: 2018/017522/07) ( “Chika”) reserves the right to change and amend the products, prices and rates quoted on this Website from time to time without notice.
4. Chika may use the services of third parties to provide information on the Website. We have no control over this information and make no representations or warranties of any nature as to the accuracy thereof. You agree that such information is provided “as is” and that we and our online partners shall not be liable for any losses or damages that may arise from your reliance on such information, howsoever these may arise.
5. Chika makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
5.1 we do not warrant that this website or information or downloads shall be error-free or that they shall meet any particular criteria or performance quality. We expressly disclaim all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
5.2 whilst we have taken reasonable measures to ensure the integrity of this website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of your system and we accept no liability for any virus, error, corruption or loss of data sustained from your use of this website.
LINKED THIRD PARTY WEBSITES
6. The inclusion on this website of any link to another website, or any reference to any product or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply an endorsement or recommendation by us. These linked third party websites are not under our control and we are not responsible for the information, content or material on any linked third party website and use of such other websites are at your own risks. We are not responsible for any loss or damage arising from your use of such linked third party website.
7. All content, images, branding, designs, logos, and other intellectual property appearing on this website is our property, unless otherwise stated and all rights are reserved. Any reproducing, downloading, publishing or adapting any material from this website, in any manner or form whatsoever, will constitute a copyright infringement and will result in civil and criminal law penalties.
RISK, LIMITATION OF LIABILITY AND INDEMNITY
8. The content on this website is for informational purposes only and does not constitute any form of advice, recommendation or arrangement by us and is not intended to be relied upon you in any manner whatsoever. Your use of this website and the information contained on this website is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof.
9. To the extent permissible by law, neither we, our affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, however arising (whether in an action arising out of contract, statue, delict or otherwise) related to the use of, or the inability to access or use the content of this website or any functionality thereof, or the information contained on this website, or of any linked website, even if we know or should reasonably have known or are expressly advised thereof.
10. We make no warranty or representation as to the availability, accuracy or completeness of the content of this website. You expressly waive and renounce all your rights of whatever nature that you may have against Chika for any loss suffered by you, as a result of information supplied by us being incorrect, incomplete or inaccurate.
11. We do not guarantee continuous, uninterrupted or secure access to our services, as operation of this Website may be interfered with as a result of a number of factors which are outside of our control.
12. These Terms set forth are the entire understanding and agreement between us and you with respect to the subject matter hereof.
STANDARD TERMS AND CONDITIONS OF SALE
13. All purchases made from this website is subject to Chika’s standard sale terms, which are:
13.1 All Ipanema products:
13.1.1 Carries no manufacturer warranty;
13.1.2 Incorrect shoes sizes may be exchanged within 7 days of receipt of the product, provided that the product has not been worn (which Chika will solely be entitled to establish at our own discretion), provided that the shipping cost(s) associated with the exchange will be for the purchaser’s account;
13.1.3 No refunds.
13.2 All KG Footwear products:
13.2.1 Carries no manufacturer warranty;
13.2.2 Incorrect shoes sizes may be exchanged within 7 days of receipt of the product, provided that the product has not been worn (which Chika will solely be entitled to establish at our own discretion), provided that the shipping cost(s) associated with the exchange will be for the purchaser’s account;
13.2.3 No refunds.
13.3 All Saint and Summer products:
13.3.1 Carries a 3 (three) month manufacturing warranty;
13.3.2 Incorrect shoes sizes may be exchanged within 7 days of receipt of the product, provided that the product has not been worn (which Chika will solely be entitled to establish at our own discretion), provided that the shipping cost(s) associated with the exchange will be for the purchaser’s account;
13.3.3 No refunds.
13.4 All Holster South Africa products – non sale items:
13.4.1 Carries a 6 (six) month manufacturing warranty;
13.4.2 Incorrect shoe sizes may be exchanged within 7 days of receipt of the product, provided that the product has not been worn (which Chika will solely be entitled to establish at our own discretion), and provided further that the shipping cost(s) associated with the exchange will be for the purchaser’s account;
13.4.3 No refunds.
13.5 All Holster South Africa products – sale items:
13.5.1 Carries a 6 (six) month manufacturing warranty, provided that the shipping cost(s) associated with the return will be for the purchaser’s account;
13.5.2 Incorrect shoe sizes may be exchanged within 7 days of receipt of the product, provided that the product has not been worn (which Chika will solely be entitled to establish at our own discretion), and provided further that the shipping cost(s) associated with the exchange will be for the purchaser’s account;
13.5.3 No refunds.
13.6 Products will only be shipped to the purchaser’s nominated / selected address, alternatively made available for collection, upon the full invoice amount having been paid by the customer and once the funds have reflected in our banking account.
13.7 Chika will make every commercially reasonable effort necessary to meet its supply obligations under any fully paid purchase orders, subject to the terms and conditions hereof.
13.8 Chika shall endeavour, as soon as reasonably practicable after it becomes aware of same, to inform the customer of any circumstances which affect, or will affect, its ability to supply the purchased product(s) to a customer.
13.9 In the event of the customer requesting delivery of the product, Chika shall engage a carrier on terms and conditions as it deems fit, and on Chika’s cost (which will be limited to the cost equivalent of the Postnet to Postnet service – and provided that any additional cost will be for the Customer’s account, of which prior payment will be required).
13.10 The Customer indemnifies Chika against all demands and claims which may be made against Chika by the carrier so engaged, and all liability which Chika may incur to the carrier arising out of the transportation of the Product.
13.11 A carrier engaged on behalf of the customer by Chika shall be deemed to be the agent of the customer and the risk of the Product shall pass to the Customer upon collection of the Product by such carrier from Chika. The signature of any employee or agent of the carrier on Chika’s invoice or delivery note shall be deemed to be proof of delivery.
13.12 In the event of Chika not engaging a carrier, the Customer shall be obliged to uplift the Product from the collection point identified in the Invoice by Chika, provided that the Customer has effected prior payment in full for the Product. The signature of any employee or agent of the Customer on Chika’s invoice or delivery note shall be deemed to be proof of delivery.
13.13 All dates for the collection, alternatively for the delivery, of the product must be treated as approximate dates only and the Customer shall not be entitled to cancel the purchase order, nor bring any claim of whatsoever nature against Chika, as a result of a delay/s in collection and/or delivery, howsoever arising.
COMPLIANCE WITH SECTION 43(1) ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
14. In compliance with section 43(1) of the ECT Act, the following is noted:
14.1 Full name: Chika Boutique (Pty) Limited
14.2 Registration number: 2018/017522/07
14.3 Physical address: 199 M Lookout Street, Midlands Estate, Midlands Estate, Gauteng, 1692, South Africa.
14.4 Telephone number: +27 651 502 3320
14.5 Website address: www.chikaboutique.co.za
14.6 E-mail address: firstname.lastname@example.org
14.7 Name of office bearers: Diné Bisschoff (Director)
14.8 Registered at: Companies And Intellectual Property Commission of South Africa