TERMS & CONDITIONS
Processing of Orders
1. The owner of this web-site is Soul Of Africa Ltd. whose address is Soul Of Africa, 23-31 Harden Avenue, Seaview, Durban. 4094. Company number 9176296. Vat Number 196136388, Charity number 1140567
2. You agree that e-mail can be used as a means of communication.
3. No contract for the sale of any product will subsist between you and Soul Of Africa unless and until Soul Of Africa accepts your order by way of an e-mail confirming it. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Soul Of Africa sends the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by Soul Of Africa of your offer to buy goods from soulofafrica.com
4. This confirmatory e-mail will contain all relevant information concerning your order.
5. The confirmatory e-mail will also contain a link to these terms and conditions, and may be amended in accordance with paragraph 32 below from time to time.
6. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
7. You undertake that all details you provide to Soul Of Africa for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
8. If there are any changes to the details supplied by you it is your responsibility to inform Soul Of Africa as soon as possible.
9. The majority of orders are picked and packed in real time making amendments and/or cancellations not possible.
10. You may withdraw from the contract after the product has been dispatched and you have received our email confirming your order by:
10.1 sending the notice of cancellation by email to firstname.lastname@example.org ensuring that you quote your name, address and order reference number;
10.2 where you have already received the goods, returning the goods to Soul Of Africa undamaged, within 14 days of purchase.
11. Once VSoul Of Africa receive notification from you that you wish to withdraw from the contract (in accordance with these terms) any sum debited to Soul Of Africa from your credit card in relation to your order will be re-credited to that credit card account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by Soul Of Africa unworn, undamaged and within 14 days of purchase.
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12. This Liability section applies only to the extent permitted by law. For the avoidance of doubt, Soul Of Africa does not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Soul Of Africa's negligence or willful default, or that of Soul Of Africa's employees, agents or subcontractors or (b) fraudulent misrepresentation.
13. Soul Of Africa does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, specifications and descriptions of listed goods, products and services.
14. Soul Of Africa will do its best to correct errors and omissions as quickly as possible after being notified of them.
15. TO THE FULLEST EXTENT PERMITTED BY LAW, VIVOBAREFOOT IS PROVIDING THIS WEB-SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB-SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, VIVOBAREFOOT DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB-SITE IS ACCURATE, COMPLETE OR CURRENT.
16. In the unlikely event that you receive goods which were not what you ordered (not pertaining to fit issues), which are damaged or defective, or are of a different quantity to that stated on your order form, Soul Of Africa shall, AT ITS OWN OPTION, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify Soul Of Africa of the problem. Various situations will result in appropriate solutions at the discretion of the Web Manager. These results are not for negotiations or persuasions. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
16.1 In the event the item cannot be replaced, exchanged or repaired the option for a refund is still up the discretion of the Web Manager.
16.2 All claims made to the Web Manager based on receiving goods which were not what you ordered (not pertaining to fit issues), which are damaged or defective, or are of a different quantity to that stated on your order form must be made with 10 days of item receipt. If situation is not brought to our attention within 10 days any means to rectify the situation are subject to forfeit.
17. Soul Of Africa does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Soul Of Africa web-site or for any products or services purchased from Soul Of Africa.
18. Soul Of Africa is not liable for items lost, stolen or damaged in the mail and upon delivery of merchandise to the carrier; you will assume the risk of loss and title for the merchandise. Soul Of Africa does not accept responsibility for undeliverable and unclaimed items.
18.1 Soul Of Africa is not liable for items not arriving within the estimated ship time. All estimates are provided by the delivery companies in which Soul Of Africa is not liable for.
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Processing of orders
19. Credit and Debit cards are debited on dispatch of your order. All prices include sales taxes unless otherwise stated.
20. Every purchase you make shall be deemed performed in the United Kingdom. United Kingdom law shall govern every aspect of contractual agreement concerning purchases made from this web-site.
21. Soul Of Africa ensure the shipment of all in stock items within 2 working days to UK destinations. However, orders are despatched the next working day. Please note some styles may take up to 28 days to deliver, in which case you will be advised by an operator. Your order may be delayed if the item is not in stock. Some items may be unavailable and the current stock status is approximate. Soul Of Africa can only supply approximate dates our suppliers may get an item in stock.
22. If you ordered a 'Pre-order' product, we wont take payment until we dispatch to you. We will take payment on or around the date listed on the site - pleas ensure you havethe appropriate funds available on this date or the order may fail. If the availability date of a 'Pre-order' shoe moves significantly, you'll be contacted by e-mail.
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Delivery / Title / Risk
23. The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in instalments
24. Title to any product ordered will pass to you once Soul Of Africa has received payment in full for that product.
25. If your delivery address is outside of the United Kingdom you maybe subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; Soul Of Africa advises each customer to contact their local customs office for further information.
26. Please note that when shipping products internationally you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
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27. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Soul Of Africa tracks the electronic 'fingerprints' of every order placed on Soul Of Africa to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our web-site.
28. Soul Of Africa may amend these terms and conditions from time to time, and place the new version on the web-site. When Soul Of Africa do so, Soul Of Africa will mention the fact on our home page (www.soulofafrica.com). All purchases from the date that the amended terms are placed on our web-site onwards will be governed by those new terms.
29. These terms and conditions shall apply when Soul Of Africa accepts your order by e-mail confirming that it has been received. They shall supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Soul Of Africa and you relating to your purchase. Soul Of Africa advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Soul Of Africa.
30. You are advised to read (and are responsible for reading) all information on this web-site fully.
31. If any of these terms are held to be invalid or unenforceable, those terms will be struck out and the other terms remain.
32. These terms and conditions are subject to the laws and exclusive jurisdiction of the United Kingdom.
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