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Terms and Conditions Miss South Africa 

 

  1. Introduction
    • Miss South Africa Proprietary Limited (“Miss SA”) is a company duly registered within the Republic of South Africa in accordance with the Companies Act, No. 71 of 2008 and adheres to the Consumer Protection Act, No. 68 of 2008 (“CPA”), the Protection of Personal Information Act 4 of 2013 (“POPI”) and the Electronic Communications and Transactions Act, No. 25 of 2002 (“ECTA”) including all amendments and regulations thereto. Miss SA provides an online web platform for the sale and supply of Goods to retail customers.
    • This website can be accessed at https://www.misssa.co.za/, related mobi-sites and software applications (the “Website”) and is owned and operated by Miss South Africa Proprietary Limited (“Miss SA“, “we“, “us“and “our“).
    • These Website T&Cs (“T&Cs ”) govern the ordering, sale and delivery of Goods, and the use of the Website.
    • These T&Cs are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registereduser”). By using the Website and by clicking on the “Proceed to checkout”/“Sign up” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these T&Cs .
    • The Website enables you to shop online for merchandise (“Goods”).

 

  1. Important Notice
    • These T&Cs apply to users who are consumers for purposes of the CPA.
    • These T&Cs contain provisions that appear in similar text and style to this clause and which –
      • may limit the risk or liability of Miss SA; and/or
      • may create risk or liability for the user; and/or
      • may compel the user to indemnify Miss SA; and/or
      • serves as an acknowledgement, by the user, of a fact.
      • Your attention is drawn to these T&Cs because they are important and should be carefully noted.
    • If there is any provision in these T&Cs that you do not understand, it is your responsibility to ask Miss SA to explain it to you before you accept the T&Cs or continue using the Website. 
    • Nothing in these T&Cs is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Miss SA in terms of the CPA.
    • Miss SA permits the use of this Website subject to the T&Cs. By using this Website in any way, you shall be deemed to have accepted all the T&Cs unconditionally. You must not use this Website if you do not agree to the T&Cs. 

 

  1. Returns

Returns are accepted in very specific instances. Due to COVID-19, returns are not accepted on masks purchased unless damaged or faulty on receipt. Please contact info@misssa.co.za to lodge related queries (and related refunds, replacements or repairs). 

 

  1. Registration and use of the Website
    • To order you will be required to provide certain personal information including personal and payment card details, as well as an email address that may require a password. Please keep your personal information secure. We accept no liability for any damages suffered or losses incurred from the unauthorised use of your personal information..
    • You agree to notify Miss SA immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

 

  1. Conclusion of Sales and availability of stock
    • Users may place orders for Goods, which Miss SA may accept or reject. Whether or not Miss SA accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Miss SA for the Goods. 
    • NOTE: Miss SA will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and Miss SA come into effect (the “Sale”). This is regardless of any communication from Miss SA stating that your order or payment has been confirmed. Miss SA will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount/s already paid.
    • Orders may not be cancelled after receipt of payment of the Goods by Miss SA. After dispatch of your Goods, you may cancel the Sale only in accordance with the Returns Policy. 
    • Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available.
    • You acknowledge that stock of all Goods on offer is limited. Miss SA will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, offers of same are discontinued on the Website. Miss SA is, however, unable to guarantee the availibility of stock. When Goods are no longer available after placing an order, Miss SA will notify you and you will be entitled to a refund of the amount paid for such item/Good/s.
  2. Payment
    • We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
    • Payment can be made for Goods via –
      • credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying for the Goods. You further warrant that your credit card has sufficient available funds to cover all costs incurred as a result of the services used on the Website;
      • debit cards (3D secure enabled);
      • PayFast (instant EFT); and
      • store credit (refunds at Miss SA’s sole and absolute discretion). 
    • You may contact us via email at info@misssa.co.za to obtain a full record of your payment. We will also send you email and SMS communications about your order and payment.
    • Once you have selected your payment method and you accept these T&Cs, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

 

  1. Delivery of goods
    • Miss SA offers one method of delivery of Goods to you, which is via courier.
    • Where it accepts your order, Miss SA will deliver the Goods to you as soon as reasonably possible, but no later than 10 (ten) business days after receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, you will be reimbursed for the purchase price.

 

  1. Errors
    • We regret that no order will be accepted if we identify a material error in the description of any of our Goods or services or their prices on our Website, mobi site and/or apps. Packaging may vary from that shown on our  Website, mobi site and apps.
    • We shall take all reasonable efforts to accurately reflect the description, availibility, purchase price and delivery charges of Goods on the Website. In the event that there may be any errors of whatsoever nature on the Website (not due to gross negligence), Miss SA shall not be liable for any loss, claim or expense relating to a transaction based on an error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

 

GENERAL

 

  1. Changes to these T&Cs

We may periodically update or change these T&Cs without notice. You should check them from time to time as your continued use of our Services will mean you accept any updated or revised General Terms.

 

  1. Electronic communications

When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy.

 

  1. Ownership and copyright
    • All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on our Websites, mobi sites or apps are owned by or licensed to us. Unauthorised use, reproduction, modification and/or distribution of the content thereof is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.
    • Where any of the Website Content has been licensed to Miss SA or belongs to any third party, your rights of use will also be subject to any T&Cs which that licensor or third party imposes from time to time and you agree to comply with such third party T&Cs.

 

  1. Disclaimer
    • The use of the Website is entirely at your own risk and you will assume full responsibility for any risk or less resulting from use of the Website or reliance on any information on the Website.
    • Whilst Miss SA takes reasonable measures to ensure that the content of the Website is accurate and complete, Miss SA makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
    • Miss SA disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content contained therein unless otherwise provided by law.
    • Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “voetstoots” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
    • Any views or statements made or expressed on the Website are not necessarily the views of Miss SA, its directors, employees and/or agents.
    • In addition to the disclaimers contained elsewhere in these T&Cs , Miss SA also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Miss SA, its employees, agents or authorised representatives. Miss SA thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

 

  1. Linked third party websites

This website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These T&Cs do not apply to those Third Party Websites and we are not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use. Your use of any Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

 

  1. Limitation of liability
    • Miss SA cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Miss SA, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@misssa.co.za or by contacting 011 463 7370.
    • MISS SA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
    • YOU HEREBY INDEMNIFY MISS SA AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

 

  1. Availability and termination
    • We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
    • Miss SA may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Miss SA will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible.
    • If you fail to comply with your obligations under these T&Cs, including any incident involving payment of the price of an order for any Goods, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

 

  1. Governing law and jurisdiction
    • These T&Cs and our relationship and/or any dispute arising from or in connection with these T&Cs shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African Courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these T&Cs.
    • In the event of any dispute arising between you and Miss SA you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Local Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
    • Nothing in this clause 16 or the T&Cs limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

 

  1. Notices – domicilium citandi et executandi
    • Miss SA hereby selects Ground Floor, Morningside Hub, 313 Rivonia Road, Sandton, Gauteng, 2128 as its address for the service of all formal notices and legal processes in connection with these T&Cs (“nominated address”). Miss SA may change this address from time to time by updating these T&Cs. 
    • You hereby select the address specified on the Goods order form as your nominated address, but you may change it to any other physical address by giving Miss SA not less than 7 (seven) days’ written notice.

 

  1. MISS SA information

For the purposes of the ECTA, Miss SA’s information is as follows, which should be read in conjunction with its product descriptions and other T&Cs contained on the Website:

  • Full name: Miss South Africa Proprietary Limited, a private company registered in South Africa with registration number 1998/003326/07
  • Physical address for receipt of legal service (also postal and street address): Ground Floor, Morningside Hub, 313 Rivonia Road, Sandton, Gauteng, 2128 (marked for attention: CEO and Legal) 
  • Phone number:  011 463 7370

 

  1. General
    • Miss SA may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
    • You may not cede, assign or otherwise transfer your rights and obligations in terms of these T&Cs to any third party.
    • Any relaxation, indulgence, extension or waiver which one party may grant or extend to the other, shall in no way affect or prejudice the rights of the former under these T&Cs or in any respect be regarded as a waiver or novation of the former’s rights in terms hereof.
    • Any failure on the part of you or Miss SA to enforce any right in terms hereof shall not constitute a waiver of that right.
    • If any term or condition contained herein is declared invalid, the remaining T&Cs will remain in full force and effect.
    • No variation, addition, deletion, or agreed cancellation of the T&Cs will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
    • These T&Cs contain the whole agreement between you and Miss SA sand no other warranty or undertaking is valid, unless contained in this document between the parties.