TERMS AND CONDITIONS FOR THE SALE OF PRODUCT ON ZA.PUMA.COM WEBSITE
These Terms and Conditions form a contract between the customer (“You”) and Puma Sports Distributors (Pty) Ltd, registration number 2001/012718/07 of Equites Park, Welbeloond Road, Atlantic Hills, Cape Town, 7550 (“Puma”) and apply to the ordering, purchase, fulfilment and delivery of product from this website za.puma.com
Please read these Terms and Conditions carefully before placing Your Order with Puma as these Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of product, including limitations of liability.
If You do not understand these Terms and Conditions or if You have any questions, please contact our Customer Care Team and a representative will be happy to assist You. The Customer Care team operates on Monday to Friday (excluding public holidays and weekends) from 9.00am until 5.00pm South African Time.
The contact phone number for our Customer Care Team is: 0873531294
or contact us via email: firstname.lastname@example.org
The following definitions are used in these Terms and Conditions:
1.1 Business Day means a week-day other than a public holiday or weekend in South Africa.
1.2 Consumer Protection Act means the South African Consumer Protection Act 68 of 2008.
1.3 Delivery Address means the address to which the Product are to be delivered as stated on the electronic order form on the Website.
1.4 Delivery Agent means any nominated third-party delivery or shipping company for Puma.
1.5 Delivery Fee means the fees charged by the Delivery Agent of Puma for the delivery of Product.
1.6 Puma Retail Store means a physical (not online) retail outlet trading under the name Puma and listed as a "Puma Store".
1.7 Law means the laws applicable to the Republic of South Africa.
1.8 Order means a request by You to purchase Product from Puma in accordance with these Terms and Conditions.
1.9 Personal Information has the meaning as defined under the Protection of Personal Information Act, 4 of 2013 (“POPI”).
1.10 Price means the purchase price of each Product as specified on this Website in South African Rands (ZAR).
1.12 Returns Policy means the Puma Returns Policy found on the Website.
1.13 Tax means the VAT, other taxes, import fees, duties, tariffs, or other charges which may be payable in relation to Your Order.
1.14 Terms and Conditions means these terms and conditions, as amended from time to time.
1.15 Territory means the Republic of South Africa.
1.16 VAT means value added tax as determined in accordance with the Value Added Tax Act, 89 of 1991.
1.17 Website means za.puma.com
1.19 You or Your means you as the purchaser of Product from Puma Online pursuant to these Terms and Conditions.
2. COMPLIANCE WITH TERMS AND CONDITIONS
2.1 You agree to be bound by these Terms and Conditions when You submit an Order.
2.2 Each Order You submit will be a separate and binding agreement between You and Puma with respect to the supply of Product, in accordance with these Terms and Conditions
3. PLACING ORDERS FOR PRODUCT
3.1 You may place an Order through the Website by submitting the electronic order form on the Website.
3.2 Puma will only accept Orders applicable within the Territory.
3.3 An Order submitted by You on the Website in the manner described on the Website is an offer by You to purchase Product for the Price as specified at the time You submit Your Order. That offer cannot be withdrawn by You without Puma’s prior written consent.
3.4 You acknowledge that all Orders through the Website are with respect to Product intended for personal and domestic and non-commercial use only, and that quantity restrictions may apply as set out on the Website from time to time.
3.5 In completing the electronic order form, You agree to provide complete and accurate information as to Your personal details (or those of Your nominated recipient for gifts) to enable the processing and delivery of Your Order. This information will also be used by the Delivery Agent to fulfil Your Order. Puma will not be liable to You for Your loss or that of any third party for a delay or failure to process, fulfil or deliver Product to You (or Your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by You. Without limitation, if You provide inaccurate shipping details in an Order, Puma is under no obligation to resend Your Order if it is shipped to the address provided in the Order and not subsequently returned to Puma. You agree to obtain consent from the recipient of a gift when providing their personal details to Puma online.
3.6 You may only order from Puma if You are aged 18 years or over and have an active email account and a telephone number at which You can be easily contacted.
3.7 You must check Your Order carefully prior to submitting Your Order with us. Once You submit Your Order, cancellations of Your Order or changes to the product in Your order may only be made by prior agreement by Puma unless otherwise required by Law. However, we will allow You to return product in accordance with the Returns Policy.
3.8 Where You place consecutive or separate orders for product, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order in accordance with clause 7.
3.9 You will be provided with an automatic order number upon submission of Your Order to the Website. The Order number is required when contacting our Customer Care Centre for identification purposes.
4. ACCEPTANCE AND REJECTION OF ORDERS
4.1 Puma reserves the right to accept or reject Your Order for any reason at any time. Without limitation, due to legal and other restrictions applicable for Orders placed for international delivery, some of our products may not be available for delivery to certain locations outside South Africa. Puma retains the right to determine what it can and cannot deliver to any particular location.
4.2 When PUMA accepts an Order, it represents an agreement by Puma to supply You the product in accordance with the Order and these Terms and Conditions.
4.3 In the event that PUMA rejects an Order, we will notify You of that rejection and the reason for the rejection via email within five (5) Business Days after Your placement of the Order.
4.4 Where PUMA rejects an Order and Your payment for the product has already been processed, Puma will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Receipt of Your refund will depend on the period of time it takes Your financial institution to finalise the refund.
4.5 If we are unable to contact You in relation to Your Order under these Terms and Conditions using the contact details You provide during the Order process after having made reasonable attempts to contact You, we will reject the Order in accordance with this clause 4.
5. AVAILABILITY OF PRODUCT
5.1 You acknowledge and agree that from time to time, some product on the website may be out of stock or unavailable and that PUMA may therefore not be able to fulfil all or part of Your Order. If this occurs, Puma will contact You within five (5) Business Days to arrange a full or partial refund. We will use reasonable endeavours to process the refund within five (5) Business Days. Receipt of Your refund will depend on the period of time it takes Your financial institution to finalise the refund. Puma cannot be held liable for any loss You or any third party might suffer as a result of any delay in processing Your refund.
5.2 Puma reserves the right to withdraw or suspend any product displayed on the Website from sale, either temporarily or permanently, at any time without notice to You. Puma will not be liable to You for any loss You or any third party suffer as a result of a withdrawal or suspension of availability with respect to a particular product.
5.3 Where Your Order is affected by an error on the Website (for example, in relation to a description of product, an image, price or otherwise), we may reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, Puma will proceed to fulfil the remainder of Your Order in accordance with these Terms and Conditions. If You are not satisfied with the partial fulfilment of Your order, You can return Your entire Order to us as an Order that has been incorrectly delivered in accordance with the Returns Policy.
5.4 You acknowledge and agree that:
5.4.1 all pictures and images of product displayed on the Website are for illustration purposes only, and the sizes and dimensions of product may differ in real life;
5.4.2 You have read any corresponding written description of the product prior to submitting Your Order;
5.4.3 the colour of product as shown on the Website may vary slightly in shade in real life;
5.4.4 where PUMA provides sizing or other measurements in the descriptions of a product (where applicable), it is Your responsibility to ensure that the actual size of each item is suitable for Your purpose prior to submitting Your Order; and
5.4.5 any accessory featured with the product is for illustration purposes only, unless otherwise specified.
6. PRICE AND PAYMENT
6.1 The Price in respect of a product is specified on the Website.
6.2 Prices include VAT.
6.3 Puma reserves the right to change or alter prices of product on the Website without notice to You, unless You have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in the Price (provided Your Order is not affected by an obvious pricing error, in which case the procedure in clause 5.3 will apply).
6.4 In respect of any Order, Puma will charge You and You agree to pay:
6.4.1 the Price; and
6.4.2 the Delivery Fee (if any).
6.5 You can pay for Your product by any of the methods specified on the electronic order form on the Website from time to time, which includes but is not limited to credit card or Pay Pal. When paying by credit card, You authorise Puma to debit Your nominated credit card at the time You submit Your Order. The name on the credit card used for the payment must match the name on the Order.
6.6 You acknowledge and agree that any payment in respect of an Order must be cleared by Puma before the Order will be dispatched. If Your payment cannot be processed, Your Order will be rejected in accordance with these Terms and Conditions and You will be notified of this via the Website. In relation to credit cards, You should contact Your credit card issuer in the first instance to try to resolve any problem concerning the use of Your credit card, or use an alternative payment method in order to continue with Your Order.
6.7 In paying or attempting to pay for the product, You agree that You have not engaged in any fraudulent conduct or contravened any Law.
6.8 You will receive an invoice by email once payment of Your Order has been processed.
6.9 Puma uses an encrypted payment gateway and security certificate to secure payments. Whilst Puma takes all reasonable precautions, we cannot guarantee the security of any transaction.
7.1 Puma will use a third-party agent to deliver Your Order to the physical address advised by You in Your Order. You agree to Your details including Your Delivery Address being supplied to the Delivery Agent for the purpose of delivering Your Order.
7.2 You should refer to the shipping options section of the Website for the applicable delivery fee for the product purchased pursuant to Your Order.
7.3 Indicative delivery time frames are set out in the shipping options section of the Website.
7.4 You acknowledge and agree that notwithstanding anything else stated on the Website:
7.4.1 Puma will endeavour but cannot guarantee that delivery will occur in the stated delivery time frames;
7.4.2 delivery time frames may change from time to time due to unforeseen circumstances; and
7.4.3 except where required by Law, Puma is not liable with respect to any loss, damage, cost, expense or injury You or any third party suffers as a result of a change in delivery times or a delay in delivery.
7.5 Delivery of product will take place at the Delivery Address specified by You during the Order process. You will need to submit separate Orders for products where You require multiple delivery destinations within the Territory.
7.6 If Puma is unable to deliver Your product to the Delivery Address due to the size of the package, or because there are restrictions on access to the Delivery Address, or it is unsafe or impractical to make delivery, a calling card will be left for You notifying You where the product has/have been delivered for collection by You. It is Your responsibility to follow the instructions stated on the calling card to obtain Your product purchased pursuant to the Order.
7.7 Where You do not collect Your product from the outlet specified on the calling card within ten (10) Business days of a failed delivery, You must contact Puma’s Customer Care Centre using the details provided at the start of these Terms and Conditions for further information with respect to claiming Your Order. If Orders are required to be re-delivered, You may be required to pay any associated additional fees for redelivery.
7.8 Upon delivery, You must inspect Your order and check that the product delivered matches Your order. If there is obvious damage to the product due to transit, You must contact our Customer Care Centre as soon as practicable using the details provided at the start of these Terms and Conditions to obtain a substitute product or refund in accordance with our Returns Policy. If the product is not as ordered, You may return the product to us in accordance with the Returns Policy. If product is missing from Your Order, You may call our Customer Care Centre, or return the Order in accordance with the Returns Policy. You should let us know about any defective, damaged, missing and/or incorrect product as soon as possible. Any product replaced under the Returns Policy due to being defective, damaged, missing or incorrect will be delivered to You free of charge.
8. RISK AND TITLE
8.1 Risk and title in the product passes to You on the date and time of delivery of the Product by Puma to the Delivery Agent.
9. ORDER CANCELLATIONS AND RETURNS
9.1 Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Product will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, You should carefully check that Your Order is accurate before You submit it to us. You will, however, be able to return faulty or incorrectly delivered Product in accordance with the Returns Policy.
9.2 Product can only be returned under these Terms and Conditions (in particular, this clause 9) and in accordance with the Returns Policy. The Returns Policy forms a part of these Terms and Conditions.
9.3 Where Puma rejects or cancels Your Order under these Terms and Conditions, we will refund the Price of the Product to You in accordance with these Terms and Conditions. We will use reasonable endeavours to process Your refund within five (5) Business Days. Receipt of Your refund will depend on the period of time it takes Your financial institution to finalise the refund. Puma is not liable with respect to any loss You or any third party might suffer as a result of any delay in processing Your refund.
9.4 It is a condition of most credit card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on the credit card. Puma is required to comply with all such credit card scheme rules in order to be able to accept these card types, and as such, all of Your refunds will be credited back to the credit card You nominated in Your Order.
10. PROMOTIONS AND DISCOUNTS
10.1 This Website offers and promotions may only be used when shopping on this Website and do not apply to purchases at other online or retail outlets.
10.2 You may receive online offers and promotions which include a promotional or coupon code (Code) for use when shopping on this Website. It is Your responsibility to ensure that the Code is valid, and that You enter the Code at the time of making Your purchase online. PUMA cannot apply the Code retrospectively once You have submitted Your Order. Terms and conditions will apply to the use of the offer or promotion. Please read these carefully to make sure You can take proper advantage of these offers. Any Code is non-transferable and, unless expressly stated, may not be used in conjunction with any other offers. Any price reduction offers apply to the Recommended Retail Price of full priced items.
12. WEBSITE TERMS
12.1 The Puma Website Terms form a part of these Terms and Conditions.
13. WARRANTIES YOU MAKE TO PUMA
You represent and warrant to Puma that:
13.1 all information (including Personal Information) and data provided by You to Puma via the Website is true, accurate, complete and up to date, and (where relevant) You have obtained the consent of Your nominated recipient for gifts to provide their Personal Information to Puma;
13.2 any nominated representative receiving the Product on Your behalf at the Delivery Address is duly authorised by You to do so;
13.3 You are over the age of 18;
13.4 in placing Your Order, You have read and agree to these Terms and Conditions; and
13.5 in placing Your Order, You have complied with the Law.
14. PUMA’S LIABILITY TO YOU
14.1 Subject to any rights You have under the Consumer Protection Act, where applicable:
14.1.1 Puma shall not be liable to You or any third party for any loss, damage, cost, expense or injury (including indirect or consequential loss such as loss of revenue, profits, anticipated savings, product will or business opportunity, injury to Your reputation) in contract or delict (including negligence), howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken via the Website; and
14.1.2 Puma excludes all implied terms and warranties whether statutory or otherwise, relating to our Website or the subject matter of these Terms and Conditions.
14.2 Puma’s liability to You for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that You cause or contribute to the loss or damage.
15.1 Puma reserves the right to, at its discretion, to terminate Your access to and use of the Website:
15.1.1 for convenience, at any time, upon provision of notice to You;
188.8.131.52 if Puma reasonably believes that You have breached these Terms and Conditions, and that breach is not capable of remedy; or
184.108.40.206 if You have been provided with a notice of the breach, and You have failed to remedy that breach within fourteen (14) days (where the breach is able to be remedied).
15.2 Puma may within its sole discretion decide to suspend or discontinue this Website at any time. We will contact You on the email address that You have provided if Puma Online is to be suspended or terminated.
16.1 Respecting Your Personal Information is very important to Puma. The Puma Privacy Statement forms part of these Terms and Conditions. Our Privacy Statement sets out what Personal Information we collect, how we use it, who we may disclose it to and what Your privacy choices are.
17. SECURITY AND VIRUSES
17.1 To the maximum extent permitted by Law, you undertake not to hold Puma and its related companies and the directors, officers, employees, agents and contractors of those companies liable and hereby indemnify them for any loss or damage (whether direct, indirect or consequential) sustained by you including loss or damage arising out of negligence, which You may suffer as a result of using this Website.
18. LIMITATION OF LIABILITY AND INDEMNITY
18.1 To the maximum extent permitted by Law, you undertake not to hold Puma and its related companies and the directors, officers, employees, agents and contractors of those companies liable and hereby indemnify them for any loss or damage (whether direct, indirect or consequential) sustained by you including loss or damage arising out of negligence, which You may suffer as a result of using this Website.
19.1 Puma reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern Your relationship with Puma with respect to that Order.
19.2 If any provision of these Terms and Conditions is found to be invalid or unenforceable, the provision will be deemed severed from the Terms and Conditions and the remainder of the terms will continue in full force and effect.
19.3 Puma may give notice to You by electronic mail using the email address used by You when placing Your Order. You may give notice to Puma by electronic mail to our Customer Care Centre. The notice shall be deemed received at noon on the Business Day following dispatch.
19.4 A failure or delay by Puma to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Puma does not preclude its future exercise or the exercise of any power or right.
19.5 The Law governs this agreement. Your transaction is deemed to have taken place in Cape Town, South Africa.
20. COPYRIGHT AND TRADEMARKS
20.1 This Website and all material provided on this Website are owned or licensed to Puma by Puma SE, PUMAVision Headquarters PUMA SE, PUMA WAY 1, 91074 Herzogenaurach GERMANY, inclusive but not limited to the "look" and "feel" of the Website, the colour combinations, layout, literary and artistic works, photographs, and all graphical elements.
20.2 Except where necessary for viewing the material on this website on Your browser, or as permitted under the Trademarks Act, 194 of 1993, nothing on this Website may be copied, reproduced, adapted, uploaded to a third party, issued or communicated to the public, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Puma.
20.3 The various trademarks displayed on this Website (whether registered or otherwise) are owned or licensed to Puma by by Puma SE, PUMAVision Headquarters PUMA SE, PUMA WAY 1, 91074 Herzogenaurach GERMANY.
20.4 Other product and company names mentioned on this Website may be the trademarks of other people or entities. The trademarks displayed on this Website may not be used or reproduced without the prior permission of the relevant owner. If You are an authorised reseller of Puma products and would like to request permission to use photography or other content from this Website for business purposes, please contact our Customer Care team via email.
21.1 The information contained on this website is provided by Puma in good faith. To the best of Pumas' knowledge, the information is accurate and current. However, this site and its contents are provided to You on "as is" basis. The site may contain errors, faults and inaccuracies and may not be complete and current.
21.2 Puma and its related bodies corporate, and their directors, officers, employees, and agents ("Pumas' Associates") make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.
22.2 This Website may be accessed from within the Territory and overseas. Puma makes no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside the Territory. If You access this site from outside the Territory, You do so at Your own risk and are responsible for complying with the laws in the place where You access the site if and to the extent that they are applicable.
22.3 Only You and Puma shall be entitled to enforce these Website terms. You may not assign, transfer or sub-contract any of Your rights or obligations under these terms to any third party unless PUMA agrees thereto in writing. No third party shall be entitled to enforce any of these Website terms, whether by virtue of legislation or otherwise.
23. OWNERSHIP OF SUBMISSIONS
24. SOCIAL NETWORKING SITES
24.1 These Terms and Conditions also govern any Submissions You make on any Puma related third party website or page such as our Facebook page, Twitter, YouTube or other social networking site.