1. General Terms
• The Phelan website, www.phelan.co.za is owned and operated by Phelan Leatherworks cc, “ Phelan Footwear” REG NO: 1992/016746/23
• Phelan is entitled to amend terms and conditions without notice. It is your responsibility to read through our terms and conditions, before purchasing a product.
2. USE OF WEBSITE
All Users, including Members and those members who purchase any products on the site (“Purchasers”) are bound by these terms and conditions and by browsing or using the Site in any way, you hereby acknowledge that you have read and accepted these T&C.
3. PURCHASING PRODUCTS
As a Member, the site will enable you to place electronic orders for one or more products offered, for so long as such products are still available and have not sold out. A purchase agreement between you and Phelan, only comes into effect if you electronically submit a properly completed order for one or more products in your shopping basket and payment is either authorised or received by Phelan into its bank account, subject to stock of the product concerned being available. Products cannot be reserved for later purchase, and placing a product in your shopping basket without completing the purchase does not constitute an order for, or a purchase of such product.
4. TERMINATION OF PURCHASE
Phelan reserves the right, for purposes of preventing suspected fraud, to refuse to accept or process payment on any order and/or to cancel any purchase, in whole or in part, on notice to you. Phelan shall only be liable to refund monies already paid by you in respect of the cancelled portion of the order.
5. PAYMENT OPTIONS
Purchases may currently be paid for by credit cards and EFT (electronic funds transfers) only.
• PAYMENT BY CREDIT CARD
At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order. If such authorisation is not obtained, the order will be cancelled. If authorisation is obtained, payment is usually immediate.You warrant that you are fully authorised to use the credit card supplied for purposes of paying for your order and that this credit card has sufficient available funds to cover all of the costs incurred as a result of using the services.
•PAYMENT BY EFT
Electronic funds transfer (EFT) from a shopper's bank account to the bank account of Phelan is another method of completing online purchases. Once the shopper performs the checkout and selects the EFT option then an email will be sent to him / her with full instructions of what to do in order to complete the purchase.
Phelan only delivers products within the Republic of South Africa. As Purchaser, you will be able to specify the place of delivery within South Africa, and the contact number(s) to be used in relation to the delivery, for each order. Products will be delivered to the delivery address specified by you during the order process. The delivery address that you submit must be a physical address. You will need to ensure that someone is available at the delivery address. Deliveries are made during working hours from Monday to Friday.
We use a standard door-to-door delivery service.
Our deliveries are free.
Our delivery times are within 5-7 working days.
Bloemfontein, Cape Town, Durban, East London, George, Johannesburg, Kimberley, Nelspruit, Polokwane, Port Elizabeth and Pretoria can expect delivery within 5 working days.
Can expect deliveries in 7 working days.
Please note that some outlying areas may have to use the closest post office.
Confirmation Email and Tracking
As soon as your order has been dispatched from our factory, you will receive an email notification. You will also be sent a tracking ID.
The delivery address that you submit must be a physical address, unless we have corresponded with you otherwise. You will need to ensure that someone is available at the delivery address. Deliveries are made during working hours from Monday to Friday. As a precaution, please keep the receipt of the delivered product.
You are welcome to return/exchange your item within 7 days, provided you have your proof of purchase. We only accept returns that are in the original, unworn condition and packaging. Please note that our sale items are not returnable.
Should the item be returned, please provide us with a date and address for collection within the 7 day return policy.
Any person that delivers or attempts to deliver any damaging code to this site will be prosecuted and civil damages shall be claimed in the event that Phelan suffers any damages or loss. You agree and warrant that your log-in name and password shall be used for your personal use only and not to be disclosed to a third party.
You allow Phelan to take all reasonable steps to ensure the integrity of this site and back-office applications. All credit card transactions on this site are secured by SSL (Secure Socket Layer) encryption and reinforced through various encryption processes in order to provide the most effective protection possible.
Phelan does not access any personal information about your means of payment, which is why you will be asked for your banking details each time you place an order. Only Phelan's banking partner from time to time, will access confidential information (such as your card number, validity date etc).
• Under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by it to you via the site; and
• Under sections 43(5) and 43(6) of the ECT Act in relation to Phelan’s payment systems not being sufficiently secure,neither Phelan nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this site or the services or content provided from and through this Site. Furthermore, Phelan makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this site are free from errors or omissions or that the service will be 100% uninterrupted and error free.
10. GOVERNING LAW AND JURISDICTION
This agreement is governed by the laws of the Republic of South Africa. Any dispute arising in relation to our agreement with you shall, to the extent permitted by law, be referred to arbitration in Cape Town at a venue of our choice applying the Uniform Rules of the High Court of South Africa.
We will not disclose, sell or rent your personal information to third parties without your consent unless we are compelled to do so by law. We may do so if you have granted consent thereto. Whilst all reasonable efforts are taken to ensure that your personal information and/or credit card details are protected as they travel over the Internet, we cannot guarantee the absolute security of any information you exchange with us.