Terms of service

Terms of Service

Last updated: 18 November 2025

These Terms of Service ("Terms") govern your use of the website Phelan.co.za and any purchases you make from Phelan Footwear (Pty) Ltd.

By accessing or using this website, placing an order or otherwise interacting with us, you agree to be bound by these Terms. If you do not agree with these Terms, you should not use this website or place an order.

Supplier details
Phelan Footwear (Pty) Ltd ("Phelan Footwear", "we", "us", "our")
51 Lourens Street, Somerset West, Western Cape, 7130, South Africa
Email: shop@phelan.co.za

1. About Phelan Footwear

Phelan Footwear is a small South African footwear manufacturer and retailer, supplying ladies leather footwear (and related products) to consumers within South Africa via the website Phelan.co.za.

These Terms apply to all orders placed on Phelan.co.za and to your general use of the website.

2. Eligibility to purchase

  • You must be at least 18 years old and have the legal capacity to enter into a binding contract to place an order with us.
  • By placing an order, you warrant that all information you provide is true, accurate and complete.
  • We currently supply primarily within South Africa. Any orders for delivery outside South Africa may be subject to additional terms, duties or restrictions, at our discretion.

3. Product information, colours and sizing

  • We take reasonable care to ensure that all product descriptions, images and prices appearing on Phelan.co.za are correct. However, minor variations may occur.
  • Colours of leather and materials may appear differently on different screens or devices. While we aim to represent colours as accurately as possible, we cannot guarantee that your device’s display will accurately reflect the actual colour of the shoes.
  • Sizing guides and fit information are provided as a guideline only. Leather is a natural material and may stretch or mould to the foot over time.

4. Orders and contract formation

  • When you place an order on Phelan.co.za, you are making an offer to purchase the selected items at the prices and on the terms displayed at the time of ordering.
  • We reserve the right to accept or reject your order, in whole or in part, for reasons including (but not limited to) stock availability, pricing errors, suspected fraud or incomplete information.
  • A binding contract of sale is only formed once:
    • We have received payment in full (or valid proof of payment, if we accept EFT); and
    • We have sent you an order confirmation or dispatch notice.
  • If we are unable to fulfil all or part of your order, we will notify you and offer a suitable alternative, a partial fulfilment, or a refund of the relevant amount paid.

5. Pricing, VAT and promotions

  • All prices displayed on Phelan.co.za are in South African Rand (ZAR) and, unless clearly stated otherwise, include Value-Added Tax (VAT) at the applicable rate.
  • We reserve the right to change prices at any time, but the price applicable to your order will be the price displayed at checkout at the time you place and pay for your order.
  • Promotions, discounts and coupon codes are subject to their own specific terms and may be withdrawn or modified at any time.
  • If a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we are not obliged to supply items at the incorrect price.

6. Payment

  • We use third-party payment gateways and/or banks to process online payments. By submitting your payment information, you authorise us and our payment service providers to process and store your payment details in accordance with applicable law.
  • Available payment methods (such as credit/debit card, instant EFT, manual EFT, or others) will be shown at checkout.
  • Where we accept manual EFT:
    • Your order may only be processed once payment has cleared in our bank account.
    • We may set a time limit for receipt of payment, after which unpaid orders may be cancelled and stock released.
  • We do not store your full card details on our systems; payment details are handled by secure third-party processors.

7. Shipping, delivery and risk

  • Shipping options, delivery areas, estimated timeframes and charges will be presented at checkout and/or on our Shipping or FAQ pages.
  • Delivery timeframes are estimates and are not guaranteed. Delays may occur due to courier issues, public holidays, weather, load shedding, or other factors beyond our control.
  • Risk in the goods passes to you once the order is delivered to the address you supplied (or collected by you or your nominated third party). Ownership passes once we have received payment in full.
  • Please inspect your order as soon as reasonably possible after delivery and contact us promptly if there are any issues (such as damage or incorrect items).

8. Returns, exchanges and refunds

Our Returns & Exchanges Policy forms part of these Terms and is incorporated by reference.

You can view our full policy here: Returns & Exchanges Policy (as published on Phelan.co.za).

Nothing in these Terms limits your rights under the Consumer Protection Act 68 of 2008 ("CPA") or the Electronic Communications and Transactions Act 25 of 2002 ("ECTA").

9. Consumer Protection Act and ECTA

  • We aim to comply with all applicable provisions of the CPA and ECTA.
  • Where these Terms are inconsistent with the CPA or ECTA and such inconsistency would render a provision unlawful or unenforceable, the affected provision must be interpreted (or, if necessary, severed) so as to preserve your statutory rights as a consumer.
  • In particular, you may have rights relating to:
    • Safe, good quality goods and remedies for defective goods within 6 months of delivery (CPA);
    • Cooling-off periods for certain electronic transactions within 7 days (ECTA) and direct marketing transactions within 5 business days (CPA); and
    • Clear and understandable terms and information.

10. Privacy and POPIA

Your privacy is important to us. We handle your personal information in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA") and any applicable data protection laws.

  • We collect and process personal information (such as your name, contact details, delivery address and order history) to:
    • Process and fulfil your orders;
    • Communicate with you about your orders or customer support queries; and
    • Send you marketing communications if you have consented, or as otherwise permitted by law.
  • We may share your information with trusted third parties (for example, couriers, payment processors and IT service providers) to perform services on our behalf, subject to appropriate safeguards.
  • You may have rights to access, correct, update or request deletion of your personal information, subject to lawful grounds to retain it.

For more information, please refer to our Privacy Policy (as published on Phelan.co.za).

11. Intellectual property

  • All content on Phelan.co.za, including but not limited to text, images, logos, graphics, product designs, and layout ("Content"), is owned by or licensed to Phelan Footwear and is protected by applicable copyright, trade mark and other intellectual property laws.
  • You may view, print or download portions of the website for your own personal, non-commercial use only.
  • You may not use, reproduce, modify, distribute, transmit, display, publish, license, create derivative works from, or sell any Content without our prior written consent.

12. Acceptable use of the website

  • You agree not to use Phelan.co.za:
    • For any unlawful purpose or in violation of any applicable law;
    • To transmit any viruses, malware or other harmful code;
    • To attempt to gain unauthorised access to our systems or other users’ accounts;
    • To harvest or collect personal information about other users without their consent; or
    • In any way that could damage, disable or impair the website or interfere with any other party’s use of the website.
  • We reserve the right to restrict or terminate your access to Phelan.co.za if we reasonably believe you have violated these Terms or applicable law.

13. User reviews and content

  • From time to time, we may allow you to submit reviews, comments, photos or other content ("User Content").
  • By submitting User Content, you:
    • Warrant that it is your original work or that you have the necessary rights and permissions to submit it; and
    • Grant Phelan Footwear a non-exclusive, royalty-free, worldwide licence to use, reproduce, display and distribute that content in connection with our business and marketing (including on our website and social media channels).
  • We may, but are not obliged to, monitor, edit or remove User Content that we consider to be unlawful, offensive, misleading or otherwise objectionable.

14. Disclaimer and limitation of liability

To the fullest extent permitted by South African law:

  • Phelan Footwear provides the website and Content on an "as is" and "as available" basis and makes no representations or warranties of any kind, whether express or implied, regarding the website or the fitness of goods for a particular purpose beyond what is required by law.
  • We do not warrant that the website will always be available, secure or free from errors or viruses, although we take reasonable steps to maintain a secure and functioning site.
  • We are not liable for any indirect, consequential or special damages arising out of or in connection with the use of Phelan.co.za, any goods purchased, or these Terms, whether based on contract, delict (tort) or otherwise, except where such limitation is prohibited by the CPA or other applicable law.
  • Nothing in these Terms is intended to limit or exclude our liability for death or personal injury caused by our gross negligence, fraud, or any liability that cannot be excluded or limited under South African law.

15. Indemnity

You agree to indemnify and hold harmless Phelan Footwear, its directors, employees and service providers from and against any claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms, misuse of the website or violation of any law or third-party rights.

16. Changes to these Terms

  • We may update or amend these Terms from time to time. When we do, we will change the "Last updated" date at the top of this page.
  • The version of the Terms in force at the time you place an order will generally apply to that order.
  • Your continued use of Phelan.co.za after changes have been posted constitutes your acceptance of the updated Terms.

17. Governing law and disputes

  • These Terms, and any dispute or claim arising out of or in connection with them, are governed by the laws of the Republic of South Africa.
  • If you have a complaint or dispute, please first contact us at shop@phelan.co.za so that we can attempt to resolve it informally.
  • If we cannot resolve a dispute amicably, it may be referred to any competent court in South Africa that has jurisdiction over the matter. You may also have the right to approach the Consumer Goods and Services Ombud or other relevant bodies in terms of the CPA.

18. Contact us

If you have any questions about these Terms, please contact us:

Phelan Footwear (Pty) Ltd
51 Lourens Street
Somerset West
Western Cape
7130
South Africa
Email: shop@phelan.co.za