PLEASE NOTE THAT THESE ARE IMPORTANT CONDITIONS AFFECTING YOUR RIGHTS AND SHOULD BE READ CAREFULLY.
In this agreement unless the context indicates otherwise:
“Sneaker State” means Sneaker State Close Corporation, a company organised under the laws of the Republic of South Africa; and
“Customer” means all of the persons, jointly and severally, who are purchasing products and services from Sneaker State and/or who hold an individual account with Sneaker State.
The Customer warrants that they are (i) not a minor, (ii) are entitled and have the capacity to enter into this agreement, and (iii) that all particulars given to Sneaker State are true and correct.
Sneaker State will provide services and products to the Customer as requested by the Customer from Sneaker State in accordance with these Service Terms.
With respect to cleaning services, Sneaker State shall make every effort to ensure complete and thorough cleaning of any items provided. However, Sneaker State cannot guarantee the results or effectiveness of cleaning on any individual item.
With respect to shoes in particular, cleaning may result in the following:
- Additional minor wear and tear
- May cause material types to become tender, stiff, brittle and potential cause minor peeling and buckling
- Potential shrinkage of all material types is unpredictable and may occur
- Slight colour changes in shades or top coat may occur on all material types
- Pre-existing scars on leather, breaks and skin lines may show to be more apparent after the cleaning process
- Sneaker State shall seek to process and clean items within the time frame indicated to the Customer, but shall not be liable for any delays.
- Cancellation of Orders & Refunds
Any purchases of services or products from Sneaker State shall be legally binding.
Purchase orders may be cancelled by the Customer only in the circumstance that it occurs prior to Sneaker State bearing any costs including the cost of pick-up. The cancellation of any order will need to be done by the Customer via email communication to Sneaker State during office hours and this communication must take place no less than 24 (twenty four) hours prior to the scheduled pick-up.
If the Customer has scheduled next day collection in the order, any cancellation must be done on the same day that the order was placed. The Customer will need to communicate any cancellation of an order to email@example.com.
Refunds will be done only through the Original Mode of Payment.
- Collection and Delivery
Collection and/or delivery of Customer items shall be made by Sneaker State at the address indicated by the Customer. Sneaker State reserves the right to refuse pickup or delivery to a post office box or to any other location at which a person is not available to accept physical pickup or delivery. Pickups and deliveries shall be subject to any additional terms indicated on Sneaker State’s website.
It shall be the Customer’s responsibility to ensure timely handover, collection and/or physical reception of any item from their requested pickup or delivery address. In no event shall s Sneaker State be liable for any delays or costs resulting from the Customer’s failure to be present for any pickup or delivery at their requested address. Multiple shipments/delivery may result in multiple postings to the cardholder’s monthly statement.
All items shall be deemed to have been delivered to the Customer or their duly authorised representative in good order and repair, without any damage, unless otherwise recorded in writing and signed by Sneaker State (or its delivery agent) and the party accepting delivery of the item.
- Service Rates and Charges
The Customer agrees to pay Sneaker State the service rates plus all other charges and fees opted for or utilised by the Customer, as per the rates indicated on Sneaker State’s website or as otherwise communicated to the Customer.
The Customer shall also be liable for all costs incurred by Sneaker State (including, without limitation, all fees of lawyers and other advisers) in recovering any outstanding expenses not paid by the Customer.
All payments are due on demand. All charges payable by the Customer shall be payable by credit card, unless the Customer has a valid credit account with Sneaker State, in which case the Customer may use its credit as payment.
Sneaker State may at its absolute discretion elect to accept cash payment, in which case a cash handling fee may be charged by Sneaker State. Sneaker State may also, at its absolute discretion, elect to accept payment by other means, such as PayPal for example.
The Customer will not be entitled to set-off or withhold payment of any amounts due in terms of this agreement for any reason whatsoever.
If Sneaker State has agreed to accept payment from the Customer by credit card or charge card, the Customer’s acceptance of this agreement will constitute irrevocable authority for Sneaker State to obtain authorisation and/or payment. This will also constitute irrevocable authority for the issuer of the card to debit them with the total amount due to Sneaker State including but not limited to any late penalties or other losses suffered by Sneaker State.
If any amount is not paid on the due date, Sneaker State may without prejudice to any rights it may have, charge interest on the overdue amount at a rate of 5% p.a. or the maximum amount allowed under the law, whichever is lower, and in the sole discretion of Sneaker State.
A certificate of any director, manager or accountant of Sneaker State as to any amount owed by the Customer to Sneaker State shall constitute prima facie proof of that amount.
In the absence of insurance, and as set out below (see Limitation of Liability / Indemnity of Sneaker State by Customer), in no event shall Sneaker State be liable for any loss or damage to any shoes, items or other property provided by the Customer to Sneaker State.
- Limitation of Liability / Indemnity of Sneaker State by Customer
Neither Sneaker State nor any of its directors, officers, employees, service providers or agents shall be liable for any loss or damage, whether direct, indirect, consequential or otherwise arising from the purchase of services or products by the Customer, including, without limitation, any damage to Customer property (howsoever arising and of whatever nature) and whether such loss or damage results from breach of contract or negligence or gross negligence or otherwise which may be suffered by the Customer and/or any third party.
Sneaker State, its directors, officers, employees, affiliates or agents are accordingly indemnified by the Customer against any claim of any nature whatsoever and howsoever arising from any damages or loss which might be instituted against Sneaker State, its directors, officers, employees, affiliates or agents arising from or connected with or pursuant to any services or products provided by Sneaker State.
This document contains the entire agreement between the parties regarding the matters contained herein and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded in writing by Sneaker State.
If any provision of this agreement is found by a court of law to be invalid or void such provision will be severed from the agreement, without affecting the remainder of the provisions hereof.
No extension, latitude or other indulgence that may be given or are allowed by any party in respect of performance of any obligation hereunder, and no delay or forbearance in the enforcement of any party arising from this agreement, and no single or partial exercise of any right of any party under this agreement will in any circumstances be construed as implied consent or election by such party or operate as a waiver or a novation of or otherwise affect any party’s rights in terms of or arising from this agreement or stop or preclude any such party from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof.
This agreement and all matters or disputes arising there from or incidental thereto shall be governed and construed in accordance with the laws of the Republic of South Africa. The Customer consents to the jurisdiction of the courts of the Republic of South Africa with respect to any disputes arising out of this agreement.