Terms and Conditions Miss South Africa 

 

  1. Introduction
    • Miss South Africa (Pty) Ltd (“Miss SA”) is a company duly registered in 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 (“POPIA”) and the Electronic Communications and Transactions Act, No. 25 of 2002 (“ECTA”) including all amendments and regulations thereto. Miss SA provides the Miss South Africa website for the sale and supply of Goods and Services to retail customers.
    • This page states the terms and conditions under which you may access and use the Miss South Africa website, including any related services, functionality, subscriptions and online purchases (the “Website”). The Website is owned and operated by Miss South Africa (Pty) Ltd a subsidiary of African Fashion International Entertainment (Pty) Ltd (“Miss SA“, “we“, “us“ and “our“).
    • Where a particular product or service is supplied by another entity, the identity of the relevant supplier will be disclosed to you before or at the time of the applicable transaction.
    • These Website T&Cs apply to Miss SA as the supplier and operator of the Website. No other company in the Miss SA group assumes obligations or liability under these Website T&Cs merely because it is a group company, unless expressly stated otherwise or required by applicable law.
    • Website T&Cs govern your access to and use of the Website and, where applicable, the purchase of Goods and Services made available through the Website, including the ordering, payment, delivery and return of physical Goods and the purchase or use of digital content, subscriptions, voting products and other services made available through the Website.
    • These T&Cs are binding and enforceable against every person that accesses or uses the Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registereduser”), to the extent that the relevant provision is lawful and enforceable under applicable law. 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 access Miss South Africa content and services and, where available, purchase merchandise, voting bundles, subscriptions, digital content (“Goods and Services”).
  2. Important Notice
    • These Website T&Cs apply to users who are consumers for purposes of the CPA.
    • Certain provisions of these Website T&Cs may –
      • limit the risk or liability of Miss SA to the extent permitted by law; and/or
      • create risk or obligation to your; and/or
      • require you to indemnify Miss SA in specified circumstances; and/or
      • constitute an acknowledgement by you 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 Website T&Cs that you do not understand, it is your responsibility to contact Miss SA for clarification before accepting the relevant provision or proceeding with the applicable transaction.
    • Nothing in these Website T&Cs is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation created for either you or Miss SA in terms of the CPA, ECTA, POPIA or any other applicable law.
    • Miss SA permits use of the subject to these Website T&Cs and applicable law. Your use of the Website constitutes acceptance of these Website T&Cs only to the extent that they have been made available to you in a manner that permits you to read, access and reproduce them and to the extent that such acceptance is legally effective.
  3. Returns

Returns are accepted in very specific instances. Please contact info@misssa.co.za to lodge related queries (and related refunds, replacements or repairs). 

 

  1. Registration and use of the WEBSITE
    • To access certain functionality or place an order you will be required to provide certain personal information including personal and payment details, as well as an email address that may require a password. Please keep your personal information secure. The processing of your personal information is governed by Miss SA’s Privacy Policy and applicable data protection law, including POPIA.
    • You must take reasonable steps to keep your account credentials secure. Miss SA will take appropriate and reasonable technical and organisational measures to protect personal information against unlawful access, loss, damage or unauthorised processing, as required by applicable law. Nothing in these Website T&Cs excludes liability that cannot lawfully be excluded.
    • You agree to notify Miss SA immediately or as soon as reasonably practicable 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.

You must not knowingly share your password or permit another person to use your account where doing so would compromise the security of the Website or another person’s personal information.

  1. Conclusion of Sales and availability of stock
    • Users may place orders for Goods and Services, which Miss SA may accept or reject. Miss SA may accept or reject an order were permitted by law, including where Goods or Services are unavailable, where there is a material and obvious error in the description or price, where payment cannot be authorised, or where another lawful reason prevents fulfilment.
    • An acknowledgement confirming receipt of an order does not necessarily constitute acceptance of that order. A contract will be concluded when Miss SA accepts the order, including by expressly confirming acceptance or, where applicable, commencing performance of the order. Miss SA will not rely on this provision to avoid a transaction where applicable law otherwise provides that a binding agreement has been concluded.
    • 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 in accordance with applicable law.
    • An order may only be cancelled in accordance with these Website T&Cs and applicable law
    • 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 through the Website. Miss SA is, however, unable to guarantee the availability 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. WEBSITE Purchases, Digital content and subscriptions
    • The Website may allow you to purchase or access digital content, subscriptions, voting bundles, merchandise and other Goods and Services.
    • The material terms of the relevant transaction, including the price, applicable charges, subscription period, renewal terms, delivery arrangements and applicable cancellation or refund terms, will be made available before you complete the transaction where required by law.
    • Where the Website processes payment for the Website purchase or subscription, the relevant Website’s payment, billing, cancellation and refund terms may also apply.
    • Where the Website processes payment for the website purchase or subscription, the relevant Website’s payment, billing, cancellation and refund terms may also apply.
    • Where you purchase digital content or a digital service and request or consent to performance commencing before expiry of an applicable cooling-off period, Miss SA will obtain any acknowledgement or consent required by applicable law.
    • You may cancel a subscription using the cancellation mechanism provided by Miss SA or, where applicable, the relevant Website.

 

  1. RETURNS, CANCELLATIONS AND REFUNDS

Your rights to cancel a transaction, return goods or obtain a refund depend on the nature of the relevant goods or services and applicable South African law.

  • Nothing in these Website T&Cs limits any statutory right you may have under the CPA or ECTA, including any applicable cooling-off right in respect of an electronic transaction.
  • Where Goods are defective, unsafe, unsuitable for their intended purpose or otherwise fail to comply with applicable statutory requirements, you may have rights to return, repair, replacement or refund in accordance with the CPA.
  • Digital content, subscriptions and voting-related products or services may be subject to statutory exceptions applicable to electronic transactions and digital services.
  • Where a refund is due, Miss SA will process the refund in accordance with applicable law and the applicable payment mechanism.
  • To lodge a cancellation, return, refund, replacement or repair query, please contact info@misssa.co.za and provide your order or transaction details.
  1. PAYMENT
    • We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology or processed through appropriately secured third-party payment providers.
    • Payment can be made for Goods and Services via the payment methods made available at checkout, which may include credit card and debit card.
  2. Delivery of goods
    • Miss SA offers delivery of physical Goods through courier services or such other delivery method as may be specified in the Website.
    • Where it accepts your order, Miss SA will deliver the Goods to you as soon as reasonably possible, but no later than the delivery period communicated to you at the time of the transaction or, where no period is agreed, within a reasonable period as required by applicable law.
    • 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.
  3. 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. Packaging may vary from that shown on our Website.
    • We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods and the material terms and pricing of Services on the Website.
    •  If Miss SA identifies a material or obvious error in the description or price of Goods or Services before acceptance of an order, Miss SA may contact you and give you the option to confirm the transaction at the corrected price or cancel the transaction and receive a refund of any amount already paid.
    • Nothing in this clause excludes or limits any liability or statutory right that cannot lawfully be excluded or limited.
  4. SOCIAL MEDIA & COMMUNICATIONS POLICY

We welcome all your feedback, comments and questions across any of our channels, but we ask that you adhere to our guidelines in order to keep the Miss South Africa community respectful.

To keep a healthy, respectful community, we reserve the right, subject to applicable law and the rules of the relevant platform, to restrict access to users or remove content where such content:

  • contains unlawful threats, harassment or incitement to violence;
  • constitutes unlawful hate speech, discrimination or harassment;
  • contains fraudulent, deceptive or materially misleading information;
  • infringes intellectual property, privacy, confidentiality or other legal rights;
  • contains malicious software, harmful links or material intended to compromise another person’s device or account;
  • constitutes unlawful defamation; or
  • otherwise constitutes unlawful conduct or breaches the applicable platform rules.

 

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, trademark and other intellectual property rights embodied in any logos, text, images, video, audio or other material in or made available through the Website are owned by or licensed to us.
    • Subject to these Website T&Cs, Miss SA grants you a limited, non-exclusive, non-transferable, revocable licence to use the Website for your personal, non-commercial purposes on a device that you own or control.
    • 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
    • You use the Website subject to these Website T&Cs and applicable law. Nothing in these Website T&Cs excludes or limits any statutory right or remedy that cannot lawfully be excluded or limited.
    • 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.
    • To the maximum extent permitted by law, Miss SA will not be liable for loss arising solely from temporary unavailability or technical interruption of the Website, except to the extent that such liability cannot lawfully be excluded or arises from Miss SA’s breach of a statutory obligation.
    • The Website and information made available through it are provided subject to applicable law.
    • Goods supplied to consumers remain subject to any applicable statutory warranties and consumer remedies, including those under the CPA.
    • Any views or statements made or expressed on the Website are not necessarily the views of Miss SA, its directors, employees and/or agents.
    • Miss SA will take reasonable measures to protect the Website against viruses, malware and other security threats.
    • However, no internet-based application can be guaranteed to be completely free from security risks. Nothing in this clause excludes liability that cannot lawfully be excluded.

 

  1. Linked third party websites

This Website may contain links or references to other websites, applications, payment providers, social-media platforms and other services (“Third-Party Services”) which are outside of our control.

  • These Website T&Cs do not apply to Third-Party Services, and we are not responsible for their practices or privacy policies, except to the extent applicable law provides otherwise.
  • Your use of Third-Party Services is subject to the terms and conditions applicable to those services.

Where a third party processes personal information on behalf of Miss SA, Miss SA will take reasonable steps to ensure that such processing complies with applicable legal requirements, including POPIA. 

  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 011 324 1500.
    • 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 ON 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.
  2. 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 3 or the T&Cs limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
  3. Notices – domicilium citandi et executandi
    • Miss SA hereby selects 19 Impala Road, Chislehurston, Sandton, Gauteng, 2196 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, a subsidiary of African Fashion International Entertainment Proprietary Limited, a private company registered in South Africa with registration number 2004/00798/07.
  • Physical address for receipt of legal service (also postal and street address): 19 Impala Road, Chislehurston, Sandton, Gauteng, 2196 (marked for attention: Legal).
  • Phone number:  011 324 1500

 

  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, and no other warranty or undertaking is valid, unless contained in this document between the parties.