MILADYS TERMS AND CONDITIONS
UNINTENTIONAL & OBVIOUS ERRORS
While all reasonable precautions are taken by Miladys to provide the most accurate information on our website, if we identify any inadvertent and obvious error(s) in the price, product or service description, images, availability and any other relevant related content, Miladys will not be obliged to provide you with the affected product(s) via our online store and/or physical stores.
Miladys will make every effort to contact and alert the customer of such an error. In such circumstances, the customer will be entitled to cancel the purchase and Miladys will provide the customer with a full refund for the amount paid once verified by Miladys.
Furthermore, while we appreciate that the Miladys website may be used as a source of research and information regarding the listed products and pricing before attending one of our many physical stores to purchase the desired goods, please note that the pricing, description and availability on the Miladys website do not constitute an offer by any of our physical Miladys stores.
As such, our physical stores will not be obligated to honour such online pricing where it conflicts with our physical store pricing and where it is determined to be, in our sole discretion, to be an unintentional and/or obvious error.
We therefore recommend that all customers confirm the pricing and availability with the respective store prior to visiting the store to make their purchase.
1. INTRODUCTION
1.1 IMPORTANT NOTICE: These Terms and Conditions set out the terms of the agreement between you and us ("the Agreement") under which we will provide you with access to the information and services we offer from time to time via the Mr Price website located at www.miladys.com and operated by us ("the Website").
1.2 By using the Website and purchasing goods and/or services, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions, please do not continue to use the Website.
1.3 It is, therefore, very much in your interest to read them carefully.
1.4 If you are under the age of 18, you must obtain your parents’ or legal guardians’ advance authorization, permission, and consent to be bound by these Terms and Conditions before purchasing any goods or services.
1.5 If there is anything in this Agreement that you do not understand then please contact us as soon as possible - see clause 11 below for contact details. Please note that calls to the Customer Number (0800 212 535) are charged at national rates and may be monitored for training, security, and quality assurance purposes.
1.6 Unless otherwise stated, the Website is provided to you by Mr Price Group Limited (hereinafter referred to as "Mr Price"), a company registered in the Republic of South Africa (Registration Number: 1933/004418/06) having its registered office at Upper Level, North Concourse, 65 Masabalala Yengwa Avenue (formerly NMR Avenue), Durban, 4001. References to "we", "our" and "us" are references to Mr Price.
2. SUPPLY OF GOODS AND/OR SERVICES IN TERMS OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 ("The Act")
2.1 Insofar as this Agreement falls within the ambit of the Act, the following information is made available to you in respect of the supply of goods and/or services offered for sale, hire or exchange by way of an electronic transaction:
2.1.1 All our contact details are set out in clause 11 below.
2.1.2 Goods and/or Services: The goods and/or services provided through the Website are various services which enable you to give instructions to Mr Price.
2.1.3 Complaints and Disputes: We invite you to file complaints with us via the "Contact Us" service of the Website www.miladys.com or you can contact us by way of the contact details set out in clause 11 below. We do not currently subscribe to any alternative dispute resolution code or mechanism.
2.1.3.1 We are bound by the Consumer Goods and Services Industry Code and are a participant in the Consumer Goods and Services Ombud Scheme. An electronic copy of the Code is available at http://goo.gl/EsdPQf. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please use the "Contact Us" service of the Website www.miladys.co.za or you can contact our Customer Contract Centre telephonically on 0800 212 535, or via email at [email protected] or [email protected]
2.1.3.2 In the event of your complaint not being resolved to your reasonable satisfaction by us within 15 (fifteen) business days of having notified us or such extended period as agreed between us and yourself, you are entitled to approach the Consumer Goods and Services Ombud within a reasonable time, who will assist in resolving the dispute:
Website: http://www.cgso.org.za/
Share call: 0860 000 272
Email: [email protected] / [email protected]
Fax: 086 206 1999
Physical Address:
Consumer Goods & Services Ombud
Association House
Bond Street Business Park
374 Kent Avenue
Randburg
South Africa
Postal Address: P.O. Box 3815
Randburg
South Africa
2125
2.1.4 Policies: Our policies are set out in this Agreement below. As provided for in section 42(2)(a) of the Act, you acknowledge and agree that Section 44 of the Act (the Cooling-off period) does not apply to transactions concluded by means of the Website.
3. USE OF THE WEBSITE AND SOCIAL MEDIA PLATFORMS
3.1 You agree to use the Website for lawful purposes only. Without derogating from the generality of the aforegoing, if you should choose to access or use this Website from locations other than the Republic of South Africa, you do so at your own initiative and you are responsible for compliance with applicable local laws.
3.2 You are prohibited from posting or transmitting, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind, which content includes but is not limited to:
3.2.1 any content that may fall within the scope of Section 9 of the Constitution of the Republic of South Africa, which prohibits discrimination on the grounds of, inter alia, race, sex, gender, marital status, religion; or
3.2.2 any content that encourages conduct that will constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or
3.2.3 any content that constitutes an invasion of privacy; or
3.2.4 any content that is an infringement of any intellectual property right; or
3.2.5 any content that contains software viruses; or
3.2.6 any content that constitutes a political statement, commercial solicitation, or "Spam".
3.3 Although Mr Price does not purport to review (nor is it under any obligation to review) any submitted content, it reserves the right to remove any content from the Website where it deems such content, in its sole and absolute discretion, to be an infringement of Clause 3 or harmful in anyway whatsoever. Should you place on or submit to the Website any such harmful content or should you breach any clause in these Terms and Conditions, Mr Price may immediately terminate and/or suspend your access to all or parts of the Website, without any further notice to you.
3.4 You warrant that:
3.4.1 you own or otherwise control all rights to any and all content that you may submit to the Website; and
3.4.2 any use of such content will not cause injury or harm to any person or entity; and
3.5 You hereby indemnify Mr Price and/or its affiliates, directors, officers, and employees, against any and all claims of whatever nature resulting from any content placed or submitted by you on the Website.
3.6 By submitting reviews, comments and/or any other content (other than your personal information) to Mr Price for posting on the Website, you automatically grant Mr Price and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
3.7 The following activities on or through the Website are expressly prohibited:
3.7.1 any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Website or the content contained thereon, without the prior written authority of Mr Price; and
3.7.2 the collection or use of any listings, descriptions, and/or price lists from the Website for the benefit of a competing merchant that supplies products comparable to those offered on the Website; and
3.7.3 any use or action that imposes an unreasonable or disproportionately large load of traffic on the Website, or otherwise interferes with the proper and timely functioning of the Website;
3.7.4 any attempt to gain unauthorised access to the Website or its related systems or networks;
3.7.5 accessing the Website for purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purpose; and
3.7.6 the reverse engineering or decompiling of the Website to (without limitation) (i) build a competitive product or service; (ii) build a product using similar ideas, features, functions, or graphics of the Service; (iii) copy any ideas, features, functions or graphics of the Website.
3.8 When you register on the Website, you will be required to provide certain access details, including a username and a password. You are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Website and you accept full liability for all activities that occur on or involves the Website under your User Name. You may not:
3.8.1 allow other people to use your User Name and Password; or
3.8.2 impersonate another User or any third party; or
3.8.3 provide false information to gain access to the Website.
3.9 You also warrant your identity (in other words, you are who you say who you are), and that you can prove your identity should we require you to do so.
3.10 Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information on this Website, there may be instances where such information proves inaccurate or incomplete. Before making any decision or taking any action which might affect you or your business, you should console your own professional advisors, and take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this Website.
3.11 Without limiting the generality of the aforegoing, this Website cools include technical, typographical, or other inaccuracies and you are urged to contact your own professional advisors to confirm all information contained on this Website prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new editions of this Website.
4. NATIONAL CREDIT ACT 34 of 2005
In terms of the National Credit Act ("the Act"): Please see our standard terms and conditions relating to credit and the National Credit Act by clicking https://www.gov.za/documents/national-credit-act
5. INTELLECTUAL PROPERTY
5.1 All content included on this Website, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases, and software ("the Content"), is the property of Mr Price or its content suppliers and is protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this Website is the exclusive property of Mr Price and is protected by South African and international copyright laws.
5.2 Except as stated herein, none of the material may be copied, reproduced, distributed, published, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or with the prior written permission of Mr Price or the copyright owner.
5.3 You may not "mirror" any content contained on the Website on any other server unless with the prior written permission of Mr Price.
5.4 You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website, provided that the link does not portray Mr Price, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Mr Price logo or any other proprietary graphic, trade name or trademark whatsoever as part of the link without the express written permission of Mr Price, its affiliates and/or content suppliers.
5.5 All trademarks and trade names are and shall remain the exclusive property of Mr Price.
5.6 The unauthorised submission, removal, modification, or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as to personal liability for damages.
6. LIMITATION OF LIABILITY
6.1 Whilst every attempt is taken by Mr Price to ensure your security when making use of the Website, due to the nature of the Internet we are unable to guarantee that any products and services or any websites accessible via the Website are virus- or error-free. We therefore caution you to check all emails, attachments, and files before downloading them.
6.2 We may provide links to other websites or resources. We are unable to accept, and do not accept, responsibility for these websites or resources; nor have we endorsed their content, products, or services merely because they are accessible via the Website.
6.3 While we make all reasonable efforts to ensure that all information provided by us in connection with the Website is accurate at the time of its inclusion on the Website, you acknowledge and understand that there may be errors, inaccuracies, or omissions in respect of which we exclude all liability. We make no representations, guarantees or warranties of any nature whatsoever concerning the information included on our Website and web pages (including, but not limited to, links to third parties' web pages). You shall be solely responsible for any decisions or actions you take based on the information contained on such web pages.
6.4 Information provided by Mr Price does not constitute legal or professional advice and should not be relied upon as such without taking independent advice.
6.5 While we take all reasonable steps to safeguard the security of any information you input or send to us in connection with the Mr Price Service, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever for any damages that you may suffer as a result of the breach of the confidentiality of such information.
7. OUR LIABILITY TO YOU
7.1 We shall not be liable to you in contract, delict (including for negligence) or otherwise:
7.1.1 for any amount in respect of any damage or loss arising from the consequences of your use of the Website, viruses received by you via the Website or of our failure to provide the Website in accordance with this Agreement; or
7.1.2 for any economic losses or damages, any indirect, special, or consequential loss (including (without limitation) loss of data, goodwill or reputation or any wasted expenditure) including but not limited to losses arising from your use of the Website or through any viruses; or
7.1.3 for any failure to perform our obligations or failure to perform our obligations properly as a result of our being prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; the failure of third party suppliers to comply with their obligations to us; fire; flood or storm).
7.2 Each provision of this clause 7 operates separately. If any part is held by a court to become unenforceable due to voidness, invalidity, illegality or unlawfulness, , then the other parts shall be severable and shall still apply in their entirety.
8. CHANGES, SUSPENSION, AND TERMINATION
8.1 We may alter and/or amend the Website at any time without giving notice to you,
8.2 We may suspend or terminate the Website at any time without giving notice to you.
8.3 Mr Price may terminate your account at any time for any reason, including any improper use of this Website or your failure to comply with any provision of this Agreement.
8.4 Such termination shall not affect any right or remedy to relief to which Mr Price may be entitled.
8.5 Upon termination of this Agreement, all rights granted to you will terminate and revert to Mr Price.
8.6 Mr Price may at any time modify these Terms and Conditions without notice to you. If you are not satisfied with the amended Terms and Conditions, you should refrain from using the Website, as your continued use of the Website is deemed to constitute your acceptance of the Terms and Conditions as amended and in force at the time of your use.
8.7 We will however give you notice where we have collected personal information from you and the purpose for which we collected that information, is affected by the intended modification.
8.8 We accordingly advise you to read and take note of these Terms and Conditions each and every time you visit the Website, as they may have been modified since your last visit. You shall be deemed to have read and accepted the latest version of the Terms and Conditions available on the Website whenever you visit the Website.
9. MRP Social Media Terms and Conditions
9.1 Our Social Media Platforms.
We are active on Twitter, Facebook, Instagram, Pinterest, Snapchat, YouTube, TikTok and Google Plus.
9.2 Keep communications clean.
We respect other people’s rights and expect you to do the same when posting on our social media platforms. We reserve the right to delete any comments submitted to our social media platforms that are deemed to be malicious, hateful, or offensive, including but not limited to racist, sexist, or religiously discriminating remarks.
9.3 Keep communications legal.
Do not post content on any of our social media platforms that infringes or violates someone else’s rights or otherwise violates the law.
10. MR PRICE PRIVACY AND COOKIE POLICY
10.1 This clause provides details about our Privacy and Cookie Policy, which Policy forms part of this Agreement. Mr Price takes your privacy seriously and is committed to protecting your personal information. We use the personal information that we collect from you in accordance with this Privacy and Cookie Policy.
10.2 Personal information when used in this Policy means information that can identify you as an individual or is capable of identifying you. By personal information, we don't mean general, statistical, aggregated or anonymous information.
10.3 Your use of our services signifies your consent to us collecting and using your personal information as specified below.
10.4 How we collect information about you
10.4.1 You may provide personal information to us when communicating with us.
10.4.2 You may order a product or a service and provide your name, e-mail address, delivery address, credit or debit card number and expiry date so that the order can be processed, and your products (or services where appropriate) delivered to you. Sometimes, you may be asked for your telephone number.
10.4.3 When you call us, we may monitor or record your calls and store details of the phone number(s) you use to make the calls. This information is used to better address your customer service needs.
10.4.4 If you enter a competition or participate in a promotion, we will ask for your name, address, e-mail address and any other relevant information about you.
10.4.5 When you connect to the Internet using our services, we will collect your Calling Line Identification Number (CLI).
10.4.6 We will collect information concerning your tastes and preferences both when you tell us what these are and through our analysis of customer traffic, including through the use of cookies (as described below).
10.4.7 It may be that you provide us with details of credit or debit cards or bank accounts in order to make payments to us. Any such information ("confidential financial information") will be used by us only for the specific purpose for which it was provided to us.
10.5 How we use your information
10.5.1 We may use your information to confirm that your orders have been received; to validate you as a customer when using our services and calling our [help desk]; to prevent and detect criminal activity, fraud and misuse of or damage to our services or networks; to prosecute those responsible and to contact you to invite you to form part of our consumer panel or various research groups.
10.5.2 We may also use your personal information and process such information for the purposes of management, research, analysis, corporate reporting, credit scoring, and improving business efficiencies.
10.5.3 We may use personal information collected about you to contact you by post, telephone and electronic mail (that is email, picture, video, and SMS) about functionality changes to our Website, services or changes to our Terms and Conditions, and to communicate with you about your customer benefits and advise you regarding the use of our services.
10.5.4 We may use the information collected about you to contact you by post or phone about new customer offers and services. We may also contact you by electronic mail for these purposes, subject to any preferences selected by you.
10.5.5 Subject to your preferences with respect to each of our services, selected third parties may use the personal information collected about you to contact you about information that you might find interesting.
10.6 How long do we keep your information for? The time periods for which we keep your information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed. We will in any event delete or destroy any personal information which has become obsolete.
10.7 Disclosing your information to third parties
10.7.1 Mr Price reserves the right to access and disclose personal information to comply with applicable laws, regulations, and lawful government requests, to operate its systems properly to protect itself or its users or to solve any customer disputes.
10.7.2 We may provide aggregate statistics about our sales, customers, traffic patterns and other website information to third parties, but these statistics will not include any information that could identify you.
10.7.3 We may from time to time elect to make use of other companies to provide some of our services, and our services will then be offered through third-party service providers on our Website. We may then share your personal information with these companies. These companies can and will process this information and will be obliged to keep such information confidential.
10.8 A cookie is a piece of information that is stored on your computer's hard drive by your web browser. On revisiting our Website, our computer server will recognise the cookie, giving us information about your visit.
10.9 When and where do we use cookies?
10.9.1 We allocate cookies during the registration process for our services. These cookies will hold information collected during your registration and will allow us to recognise you as a customer and provide you with the services you require. If your browser is set to reject cookies, you may not be able to register for Mr Price services. We may also use this data to better understand your interests while online and to personalise your visits to our Websites.
10.9.2 On different sections of our portal. We use cookies to collect information concerning visitors to our Website. Our servers use two different types of cookies. The first type is known as a 'session-based' cookie and is allocated to your computer only for the duration of your visit to our Website. It helps you to move around the Website faster and, if you're a registered customer, it allows us to give you information relevant to your selected Mr Price service. This cookie automatically expires when you close your browser. The second type of cookie is known as a 'persistent' cookie. A persistent cookie will remain on your computer for the period of time that has been set for each cookie. Persistent cookies are used for the purposes of advertisements on our Website and to track whether these advertisements are clicked on by users; to control how often you are shown a particular advertisement; to tailor content to your preferences; to count the number of anonymous users of the Website and to provide security within shopping baskets or transactions. The types of cookies used and the manner in which the information generated by them is used will be governed by those advertisers' privacy policies. We have no control over these.
10.9.3 How can you refuse or opt out of cookies? Most browsers are set by default to accept cookies automatically, but usually, you can alter the settings of your browser to prevent automatic acceptance and to prompt you every time a cookie is sent to you or to allow you to choose not to receive cookies at all.
10.9.4 How can you manage your privacy preferences? If you'd like us to stop processing your information for marketing purposes, please write to Mr Price customer care at the address set out in clause 12 below.
11. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the KwaZulu-Natal High Court in the event of any dispute arising from this Agreement. If any of the provisions of this Agreement are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible to give effect to the intent of this Agreement, and the remainder of the Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between you and us regarding the use of the Website.
12. COMPANY DETAILS
Miladys, a company registered in the Republic of South Africa (Reg. No. 1933/004418/06), with its registered office for legal service of documents at P.O. Box 912, Durban, 4000, South Africa
Telephone Number: +27 31 310 8000
Website Address: www.miladys.com
Customer Service: 0800 212 535
Directors:
Honorary Chairman: S B Cohen Independent Non-Executive Chairman: N G Payne
Executive Directors: S I Bird (Chief Executive Officer), M M Blair (Chief Financial Officer)
Non-Executive Directors: K Getz, M R Johnston, R M Motanyane-Welch, D Naidoo, M J D Ruck, W J Swain
Alternate Directors: N Abrams, S A Ellis Company Secretary: J CHEADLE
