Terms & Conditions
1.
Introduction
Harry And Boo’s online shop
can be accessed at www.harryandboo.co.za, related mobile sites and applications (“the
site”). The site enables buyers to shop for items including clothes, shoes and
accessories by selected local and international brands ("the products”)
online and have them delivered door-to-door within South Africa. Buyers can
also have products delivered to them outside South Africa. All visitors to the site
("account users" or "guest users") will be able to see and
buy the products on offer, but only those who have registered for a user account
on Harry And Boo ("account holders” or “user”) are able to view
and monitor the order history.
Legally
binding contract
All users and account
holders, including those that buy from the site ("buyers") are bound
by these terms and conditions ("T&Cs"). By registering, or using
the site at all, you recognise that you've read, accepted and agreed to be
bound by these T&Cs. Should there be any clause in these T&Cs that you
do not understand, the onus is on you to ask Harry And Boo to please explain
the relevant clause to you before you accept the T&Cs by using or buying
from the site.
With whom are
you entering into a contract?
The site is owned and run
by Harry And Boo. More information about Harry And Boo is available at the
end of these terms and conditions.
Products and
availability
Please note that the stock of all items on offer is limited. Harry And
Boo will make all reasonable attempts to ensure that special offers are brought
to an end when stock runs out. If it happens that Harry And Boo is unable
to fulfil any order at the advertised price because stock is sold out or for
any other reason, Harry And Boo will inform you via email and you'll be
entitled to an account credit or reimbursement for the rand value you have paid
for such product. The actual size and colour of advertised products might vary
slightly. Our Standard packaging method is incorporated with an imported
fragrance enhancer. Please note, the Harry And Boo Delivery and Returns policy
is incorporated by reference and therefore forms part of these Terms And
Conditions
2. Buying
products
1. The site allows you, the
user, to place electronic orders ("order") for one or more products
on offer as long as such products are available and not sold out.
2. A purchasing contract
("sale") between you and Harry And Boo only comes into effect
once you have fully completed AND submitted the online order form for one or
more products in your shopping cart (“cart") AND your payment has been
authorised by Harry And Boo (or has been received into Harry And Boo’s
bank account).
3. The above is dependent
on the product being available.
4. Products on Harry And
Boo cannot be reserved to be bought at a later stage, and placing an item in
your cart without completing the order does not amount to a “sale”.
5. This means that Harry
And Boo may remove any product(s) from your cart before the sale actually takes
place, in the event of the product going out of stock.
6. Harry And Boo cannot be
held responsible if the product(s) you added to your cart have become unavailable
when you try to complete the sale.
7. A tax invoice will be emailed to the email address on your Harry And Boo profile.
8. Harry and Boo requests all buyers and users of this website, to check the size chart for all moccassins, sandals and other shoes to ensure correct shoe sizes are ordered.
3. Cancelling
and ending orders
1. Harry And Boo reserves
the right to refuse processing of payment for any order and/or to cancel any
purchase, partially or completely, with notice given to you.
2. Harry And Boo will be
liable for reimbursing you the rand value paid only if you have already paid
for the cancelled order. You have the right to return defective products
purchased , refer to
clause 8: Defective items, returns and reimbursement
4. Product
Pricing
The price of each product
is given on the product information page (“the product page”) on the site.
The Regular
Retail Price
1. The Regular Retail Price
(“RRP”) is the standard price that Harry And Boo charges for the product. The
RRP is determined by considering the suppliers’ price and market conditions and
Harry And Boo reserves the right to change prices without notification
2. When a product is not on
sale, on special, or included in a discount promotion, the RRP is the price you
will pay when you purchase the product (“purchase price”).
3. Please note that RRPs
can change over the course of several seasons over which the product may be
sold. The RRPs applicable at the time the product is introduced may differ from
the RRP at the time of your purchase.
The Discount
Price
1. When Harry And Boo is
having a sale, or is running a discount or promotion on specific products on
the site – the discount price is shown on the product’s product page, as well
as the Regular Retail Price (“RRP”).
2. When a discount price is
shown on the product page, the discount price is the price you will pay when you
add the product to your cart at the discounted price, and conclude the sale at
the discounted price i.e. the purchase price.
Pricing
accuracy
1. Every reasonable effort
will be made to ensure that the RRP and, if applicable, the Discount Price of
all products on Harry And Boo are correct at the time of your purchase. If,
however, the product is offered at an erroneous price, Harry And Boo will not
be obliged to supply the said product at the incorrect price.
2. Harry And Boo will
only be liable to return payment already made by you in the case you choose to
cancel the sale once you have been made aware of the correct price.
5. Delivery
fees
1. For orders of R450 or
more, Harry And Boo delivers door-to-door free of charge within South Africa
2. For orders under R450, Harry
And Boo charges a non-refundable R60 fee to deliver door-to-door for the
Johannesburg area and a non-refundable R100 nationwide door-to-door.
3.You will receive an email
from Harry And Boo with the tracking number required in order to track your
parcel.
3. Every reasonable effort
is taken to ensure that the delivery costs displayed on the site are correct at
the time of your purchase. However, if a delivery fee is incorrectly displayed,
Harry And Boo will not be obliged to deliver products at an incorrect delivery
fee. Harry And Boo will only be liable to return payment already made by
you in the case you choose to cancel the sale once you have been made aware of
the correct delivery fee.
6. Making a
payment
You can pay on Harry And
Boo using your Visa or MasterCard credit or debit card, via Electronic Funds
`transfer (EFT).
Paying by
credit card
1. Harry And Boo accepts
payments made by Visa and MasterCard Credit Cards as well as chipped debit
cards that have been activated for online purchases.
2. When you place an order,
the transaction details are presented to the bank for authorisation of the
payment amount.
3. If authorisation is not
obtained, the order is cancelled. If authorisation is obtained, payment is
usually immediate. You guarantee that you are fully authorised to use the
credit card for payment of your order and that there are sufficient funds in this
credit card account to cover the costs of any transactions you complete on Harry
And Boo.
Paying by
EFT:
For EFT
Payments please note:
1. Please note, when
selecting to pay by EFT, you have 24 hours post
placing your order to make the payment.
2. When making your
payment, please be sure to use your order number as your reference. This will
ensure that Harry And Boo can process your order as quickly as possible.
3. Harry And Boo will start
processing your order as soon as your bank forwards the payment to Harry And
Boo. Depending on the bank, it can take up to 3 days from the time you make the payment to when it appears in our
bank account.
4. Harry And Boo will start
processing the order once your bank forwards your payment to us, but depending
on the bank it can take up to 3 days.
5. The delivery lead time
as specified on the site only starts once Harry And Boo has received the
payment from your bank.
7. Delivery
Place of
delivery
1. As buyer, you indicate
where in South Africa you require delivery, as well as contact numbers to be
used in connection with delivery.
2. In the case of
door-to-door delivery, your parcel will be delivered to the address you
specified in the checkout process.
3. In the case of
door-to-door delivery, if nobody is present at the address at the time of
delivery, our courier will attempt to deliver for the second time, if at that
time there is still no one to sign for the parcel, the parcel will be returned
to our warehouse. If the account holder still wants delivery of same goods, the
account holder will be liable for the delivery / courier charges. The account
holder or user will be liable for the handling fees and or courier fees at the
discretion of Harry And Boo if the goods are no longer wanted.
4. Should a delivery fee
have been charged on the order, this will not be reimbursed, given that the
courier has attempted delivery on numerous occasions.
Delivery time
and delays
1. Unless we inform you
otherwise, before you place your order and before the final confirmation, the
estimated maximum delivery time for an order in South Africa door-to-door is 2
- 3 working days (no more than 5 working days).
Confirmation of delivery times for all orders outside of SouthAfrica
will be communicated case by case.
2. All Harry And Boo
deliveries take place during business hours i.e. there are no deliveries over
weekends or on public holidays. Please take this into consideration when
selecting your delivery address.
3. The Electronic
Communications and Transactions Act 25 of 2002 (ECT Act) Entitles you to cancel
your purchase within 7 days’ notice if the products you have purchased are not
delivered within the agreed delivery period as specified above.
Delivery
completed
1. A delivery is considered
complete as soon as the parcel is accepted by an individual on your behalf at
your specified delivery address, or the parcel is successfully delivered by courier
and the risk shall pass to the account holder / user when the parcel leaves
Harry And Boo’s premises or on delivery to the customer whichever is sooner.
2. This also applies when
the package has been handed over by the courier, as indicated in the courier's
tracking system.
3. It is your
responsibility, as buyer, to ensure that you or the intended receiver of the
gift (when applicable) inspect(s) the parcel on arrival and make(s) known any
justifiable complaints. The receiver has the right to refuse the parcel if it
appears to have been opened or if it has clearly been damaged.
4. Such complaints and
claims must be brought to the attention of Harry And Boo by email to info@harryandboo.co.za
5. Harry And Boo cannot be held liable and
assumes no liability for orders shipped to incomplete or incorrect shipping
addresses supplied by the account holder or for any delays caused by the
courier
Lost parcels
1. If neither the depot nor
the tracking system provides any indication where the parcel is, you need to send
an email to infos@harryandboo.co.za.
2. If the parcel is found,
it will be sent to the specified delivery address by the usual procedure, as
set out in the delivery clause.
3. If the parcel is
declared lost, Harry And Boo will notify you and reimburse you for
the lost parcel (to the amount of the product purchase price and any relevant
delivery fee).
4. Harry And Boo cannot be
held liable for missing, lost or damaged parcels in transit.
8. Defective
items, returns and reimbursement
1. Harry and Boo requests
you the account holder or user to inform / notify us immediately or on receipt
of any discontent.
If you are dissatisfied
with your purchase, due to a defect, incorrect product choice or other reason,
you may return it to Harry And Boo within 30 days of delivery, by the same
shipping method which the parcel was received, in their original state,
including all labels and packaging. You can either receive a Harry And Boo
account credit or a refund, or have the product replaced.
2. In the case of a damaged
or incorrect item having been delivered, Harry And Boo will evaluate each case
and issue a refund upon proof of the damaged/incorrect item and the return
thereof to us.
3. Refunds should be
processed within 10 business days of the returned items having been cleared by
our quality checking team.
4. If you are returning a sale item, you will be
refunded the reduced price. If you are
returning an item for which you paid the full amount but which is now on sale,
you will be refunded the actual rand value paid
5.
Handling charges and courier charges for goods returned, replacements and other
may be charged at the discretion of
Harry And Boo
6. Harry And Boo request
the user or account holder to notify immediately or on receipt of the goods of
any defects
9. Security
1. Anyone downloading or
trying to download malware or damaging coding on this site, or who tries to
gain unauthorised access to any page on this site, will be prosecuted.
2. Harry And Boo will claim
civil damages from such person if Harry And Boo suffers any damage or
loss.
3. You agree and guarantee
that the username and password you use to log in is for your personal use only,
and will not be passed on to any third party.
4. You allow Harry And
Boo to take all steps reasonably possible to ensure the integrity and
security of the site and in the administrative office.
5. All credit card
transactions on the site are protected by SSL
(Secure Socket Layer) encryption and reinforced by various encryption
processes with the aim of offering the most effective possible protection of
any sensitive information. Harry And Boo has no access to any
confidential information regarding your payment method.
6. Only Harry And Boo's banking
partner will access confidential information (Such as your credit card number,
expiry date, CVV etc.) from time to time.
10. Indemnity
Harry And Boo is
responsible for adhering to the Consumer Protection Act 68 of 2008
("CPA") with the sale of any products from the site. Similarly, Harry
And Boo is responsible for adhering to articles 43(5) and 43(6) of the
Electronic Communication and Transactions Act in terms of payment systems and
security.
However, neither Harry
And Boo nor any of its representatives will be held responsible for any
loss or accountability of any kind that arises from the use of (or inability to
use) this site, its services or content.
Furthermore, Harry And
Boo provides no guarantee, implied or otherwise, that the content or technology
attached to this website is free of errors or omissions. Nor is there any
guarantee whatsoever that service will be 100% uninterrupted or faultless. We
encourage you to report any possible malfunctions and errors by emailing orders@harryandboo.co.za.
Although the products on
the site may be under guarantee, the site itself is offered on an "as is"
basis and is not set up or delivered according to your individual
specifications.
It is your responsibility,
before accepting these T&Cs, to determine whether the service available
through this website satisfies your individual needs and is compatible with
your hardware or software. Information, ideas and opinions expressed on this
website should not be regarded as professional advice or as Harry And Boo’s official
stance.
We encourage you to obtain
professional advice before taking any action on the strength of information,
ideas or opinions expressed on this site.
11.
Applicable Laws
1. This site is offered,
controlled and run from the Republic of South Africa. As Such it is governed by
South African legislation, and subject to the disputes clause in these
T&Cs.
2. You and Harry And
Boo are subject to the non-exclusive jurisdiction of the South African courts.
Each and every section of these terms and conditions must be read as individual
and separable from the rest of the terms and conditions.
3. Should any court or
qualified authority find that any of the terms are invalid or unenforceable,
the remainder of the terms and conditions will remain standing, despite
invalidity or unenforceability of an individual term.
12. Changes
to Terms and Conditions
Harry And Boo may, at its
own discretion, change these terms and conditions or any part thereof. As
indicated in the T&Cs, it is the responsibility
of the registered account holder or user to familiarise yourself with the
T&Cs before using the site. By registering, or using the site at all, you
recognise that you've read, accepted and agreed to be bound by these T&Cs.
13. Disputes
Barring urgent or interim
legal help that may be granted by a court of law: In the event of any disputes
of any kind between you and Harry And Boo, arising out of any situation catered
for in these terms or conditions (or that arises out of these terms and
conditions) and that cannot be resolved by the senior representatives, the
dispute may be presented for confidential arbitration.
Such arbitration will be
handled according to the rules stipulated by the Arbitration Foundation of
South Africa.
Legal notice address
Harry And Boo elects
as address for all purposes regarding these terms and conditions, whether for
legal notices or serving of other communication documents of any kind, the
following address:
1Cosmic Street
Linbro Business Park
Sandton
Tel.011 457 7709
An electronic copy is to be
sent to orders@harryandboo.co.za (Such copy
must be delivered in conjunction with physical copy for serving to be
effected.)
14. Terms and
Discontinuation
These terms and conditions
take effect on the date of first publication of the website and continue indeterminately.
They may be revised by Harry And Boo from time to time (as described
above), for as long as the website continues to exist and be operated. Harry
And Boo is entitled to terminate these terms and conditions or close down the
website at any time, subject to processing any pending purchases.
If you don't meet your
obligations regarding these terms and conditions, including any incidents about
payment and price or an order, and you neglect to rectify Such non-adherence
within 5 working days after Harry And Boo has instructed you to do
so, your access to the service will be blocked.
We have the right to close
your account and deny you access to the site, depending on the severity of your
actions. Such action on the part of Harry And Boo will not have any
negative effect on any damages Harry And Boo may claim.
15. Copyright
and other intellectual property
Any and all copyright
relating to the website, including these terms and conditions, is held by Harry
And Boo. All rights not expressly given are reserved. You may download, view
and print content from this site only for private and non-commercial ends. To
obtain permission for commercial use of any content from this site, please send
an email orders@harryandboo.co.za
Harry And Boo is unable to
edit or screen all content on the site, and will not be held accountable for
illegal, defamatory or obscene content. We advise you to inform Harry And
Boo of any offensive or illegal material.
All content, trademarks and
data on this website, including but not limited to software, databases, text,
graphics, icons, links, private information, designs and agreements, are the
property of or under licence of Harry And Boo. As such they are protected by
local and international legislation and agreements.
16.
Electronic communication
When you sign up for our newsletter,
register an account, conclude a purchase, visit the site or send an email
to info@harryandboo.co.za, you agree to get electronic communication from Harry
And Boo.
17. Harry And
Boo information
The Electronic
Communication and Transactions Act determines that when goods or services are
provided via certain electronic transactions, the seller must make certain
information public on the site where the goods or services are offered.
Harry and
Boo’s information is as follows:
Legal notice
address:
1Cosmic Street
Linbro Park
Sandton
2090
Website: www.harryandboo.co.za
Official email
address: orders@harryandboo.co.za info@harryandboo.co.za