Terms & Conditions

1. INTRODUCTION

1.1 This website can be accessed at Ipanema.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Intershu Online (Pty) Ltd t/a Ipanema South Africa ("Ipanema", "we", "us” and "our").

1.2 These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.

1.3 These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation to each user who registers as contemplated below (“registered user”). By using the Website, purchasing goods on the website and by clicking on the “Register Now”/”Sign up” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.4 The Website enables you to shop online for a range of goods which may include footwear, apparel, accessories and luggage. (“Goods”).

2. IMPORTANT NOTICE

2.1 These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

2.2 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

2.2.1 May limit the risk or liability of Ipanema; and/or

2.2.2 May create risk or liability for the user; and/or

2.2.3 May compel the user to indemnify Ipanema; and/or

2.2.4 Serves as an acknowledgment, by the user, of a fact.

2.3 Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

2.4 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Ipanema to explain it to you before you accept the Terms and Conditions or continue using the Website.

2.5 Nothing in these Terms and Conditions 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 Ipanema in terms of the CPA.

2.6 Ipanema permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

3. WEBSITE CONTENT

3.1 The text, images, graphics, and video files, as well as their arrangement on our website, are all subject to copyright and other forms of intellectual property protection. These materials may not be copied for commercial use or distribution, nor may they be modified or reposted on other sites.

4. WEBSITE UPDATES

4.1 Intershu Online reserves the right to update, amend, or clarify information on our website, including financial information, without any obligation to provide notice. Changes may also be made to the content and structure of our site at any time without prior notification.

4.2 News releases found on our site are dated to indicate the last time the information was modified. However, the absence of a specified date should not be taken to imply that all information on our site has been updated. Please be aware that the information provided on our site may not represent a complete or up-to-date account of a given subject. Additionally, subsequent events or circumstances may render the existing information inaccurate or incomplete.

5. USER COMMENTS AND SUBMISSIONS

5.1 Please be advised that any comments, feedback, ideas, suggestions, or other information submitted or offered to Intershu Online via our website or otherwise shall become the property of Intershu Online. By making such submissions, you assign all worldwide rights, titles, and interests in the intellectual property contained therein to Intershu Online. As the exclusive owner of these rights, Intershu Online shall have unrestricted use of the submissions, including but not limited to commercial purposes, without any obligation to maintain confidentiality, provide compensation, or respond to the submissions.

6. LINKS TO OTHER WEBSITES

6.1 Our website may include links to other sites on the World Wide Web, the Internet, or other sources of information. By accessing these links, you acknowledge that such sites or locations are not under the control of Intershu Online. Consequently, Intershu Online assumes no responsibility for the information or additional links found on such sites, nor for any use you make of such information. These links are provided solely for your convenience, and Intershu Online does not endorse, test, or verify the information or programs found on linked sites.

7. PRODUCT INFORMATION

7.1 Intershu Online and its brands sell products in South Africa and various countries worldwide through retailers, distributors, and licensees. The availability of displayed or described products on this site is subject to the supply of each retailer, distributor, or licensee. All product descriptions are subject to change at the sole discretion of Intershu Online without prior notice.

8. TRADEMARKS

8.1 Unless otherwise indicated, all product and service marks, as well as logos displayed on our website, are subject to the trademark rights of Intershu Online.

9. FORWARD-LOOKING STATEMENTS

9.1 The contents of our website may contain forward-looking statements based on management's beliefs, assumptions, current expectations, estimates, and projections about the footwear industry, the economy, and Intershu Online itself. These statements are intended to identify such forward-looking statements: "anticipates," "believes," "estimates," "expects," "forecasts," "intends," "is likely," "plans," "predicts," "projects," or similar expressions.

9.2 Forward-looking statements are not guarantees of future performance and involve certain risks, uncertainties, and assumptions ("Future Factors") that are difficult to predict in terms of timing, extent, likelihood, and degree of occurrence. Consequently, actual results and outcomes may differ materially from what may be expressed or forecasted in such forward-looking statements. Intershu Online undertakes no obligation to update, amend, or clarify forward-looking statements, whether due to new information, future events, or other factors.

9.3 Future Factors include, but are not limited to, uncertainties relating to changes in demand for Intershu Online's products, shifts in consumer preferences or spending patterns, the cost and availability of inventories, services, labour, and equipment, the level of competition in the industry, and changes in government regulations.

10. PROTECTION OF PERSONAL INFORMATION

10.1 Intershu Online complies with the provisions of the Protection of Personal Information Act (POPI Act) of South Africa. We are committed to protecting the privacy and personal information of our customers.

10.2 The personal information collected during the ordering and registration process is used solely for the purpose of processing and delivering your order, providing customer support, and improving our services. We will not disclose or sell your personal information to any third party, except as required by law or with your explicit consent.

10.3 By using our website and providing your personal information, you consent to the collection, processing, and storage of your information as outlined in our Privacy Policy. You have the right to request access to, correction of, or deletion of your personal information held by Intershu Online. Please refer to our Privacy Policy for more information on how to exercise these rights.

10.4 Intershu Online takes reasonable measures to protect the security and confidentiality of your personal information. However, please be aware that no data transmission over the internet or storage system can be guaranteed to be 100% secure. While we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.

10.5 For more detailed information about how Intershu Online handles personal information, please refer to our Privacy Policy, which can be found on our website.

11. CONCLUSION OF SALES AND AVAILABILITY OF STOCK

11.1 Registered users may place orders for Goods, which Ipanema may accept or reject. Whether or not Ipanema 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 Ipanema for the Goods.

11.2 NOTE: Ipanema 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 Ipanema come into effect (the “Sale”). This is regardless of any communication from Ipanema stating that your order or payment has been confirmed. Ipanema will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

11.3 Orders may not be cancelled after receipt of payment of the goods by Ipanema. After dispatch of your Goods, you may cancel the Sale only in accordance with the Returns Policy.

11.4 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 cannot hold Ipanema liable if such goods are not available when you complete or attempt to complete the purchase cycle at a later stage.

11.5 You acknowledge that stock of all goods on offer is limited. In the case of goods for sale by Ipanema, Ipanema will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When goods are no longer available after placing an order, Ipanema will notify you and you will be entitled to a refund of the amount paid by you for such Goods.

11.6 Please note that all fragrances have been imported without the approval of the manufacturer or its licensed supplier. Therefore these goods will not be covered by the warranty of the manufacturer or its licensed supplier. However, the Ipanema Returns Policy applies to all items purchased on Ipanema.com

12. PAYMENT

12.1 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

12.2 Payment can be made for goods via -

12.2.1 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 the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

12.2.2 PayU

12.2.3 Instant EFT via PayFast;

12.2.4 Mobicred

12.3 The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment Assistance, which is incorporated by reference.

12.4 You may contact us via email at online@ipanema.co.za to obtain a full record of your payment. We will also send you email and SMS communications about your order and payment.

12.5 Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

13. DELIVERIES

13.1 Once an order is invoiced and dispatched, you will receive an email with tracking details and a link to easily track your parcel.

13.2 Delivery to main city centres will take place within 3-5 working days, while outlying areas may require 5-7 working days from the date of dispatch.

13.3 Please note that Intershu Online cannot guarantee delivery within the specified time frame for all orders, as certain factors may be beyond our control.

13.4 Deliveries are made during office hours to either a work or home address. We utilize courier services and do not deliver to PO boxes.

13.5 All items are subject to a delivery fee of R99.00 incl. VAT per item, except for orders over R750 which are exempt from delivery fees.

13.6 Intershu Online shall not be liable for any losses, liabilities, costs, damages, charges, or expenses arising from late delivery. If you are unavailable to receive the delivery, the courier company will attempt to arrange an alternative delivery time. If the courier company fails to deliver on the second attempt, the purchase will be returned to Intershu Online. Any re-delivery will incur an additional delivery fee of R99.00 incl. VAT per item.

13.7 Intershu Online only delivers within South Africa. For delivery tracking assistance, please contact our customer services at Intershu Online (Pty) Ltd: (011) 345 8223.

14. RETURNS / EXCHANGES

14.1 Returns or exchanges of items will incur a collection fee of R99.00 incl. VAT, which will be deducted from the credited amount. Alternatively, customers may return items at their own cost using a courier service. Intershu Online shall not be liable for any losses, liabilities, costs, damages, charges, or expenses arising from a return that is not delivered to us.

14.2 Exchanges will be processed through a coupon code sent to the customer after the returned parcel has been received, inspected, and minus the R99.00 collection fee.

14.3 Refunds will be issued via EFT and processed every Friday. The timing of the refund depends on when the parcel is returned, with the refund being issued on the following Friday.

14.4 Returns and exchanges should be sent to the following address:

• Intershu Online (Pty) Ltd

• 3 Monte Carlo Drive

• Gosforth Park

• Germiston

• Johannesburg

• 1401

14.5 A re-delivery fee of R99.00 incl. VAT will be charged for any replacement shoe deliveries. This fee must be paid before the order is dispatched. Please do not pay the courier directly.

14.6 Refunds will only be provided for items paid for by direct deposit or credit card transaction. Credit notes will be issued for items purchased using any other payment method.

14.7 Unworn items can be returned within seven days of receiving the item for a refund. The item must be returned in its original packaging. Delivery charges are non-refundable. All returns must be in their original packaging and will incur a R99.00 collection fee.

15. DEFECTIVE PRODUCTS

15.1 Intershu Online ensures that all products are of high quality when shipped to customers. If you receive a defective item, it can be returned in accordance with the company's terms and conditions.

15.2 Intershu Online offers a 6-month workmanship policy on all footwear, luggage, and accessories. Returns or exchanges for defective goods are accepted up to 6 months after purchase, provided that the goods have been used for their intended purpose and cared for as instructed.

15.3 The return duration for defective products is the same as for any other return, within 10 days after receiving the item. If stock is available, a replacement item will be sent to the customer. In case of stock unavailability, Customer Services will contact you, and a full refund will be provided.

15.4 No collection fee is charged for defective products.

16. CANCELLATIONS

16.1 Orders can only be cancelled if the stock has not been dispatched. Once the stock has been shipped with the courier, cancellations cannot be accepted.

17. ERRORS

17.1 We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any 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.

18. VOUCHERS AND COUPONS

18.1 Ipanema may from time to time sell electronic gift vouchers (“Vouchers”) and make electronic promotional codes (“Coupons”) available for use on the Website towards the purchase of Ipanema products. More specifically:

18.2 Vouchers

18.2.1 Vouchers are valid for 3 years after sale. If your Voucher has not been used within that period, it will expire.

18.2.2 Vouchers cannot be used to buy other Vouchers or Coupons, and are not transferable. Vouchers are only eligible for redemption via the original email address that they were sent to. Vouchers do not accrue interest and are not refundable for cash once purchased.

18.2.3 If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.

18.3 Coupons

18.3.1 Coupons are issued electronically in Ipanema’s sole discretion. Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.

18.3.2 As a general rule, and unless specified otherwise on the specific Coupon itself:

18.3.3 A Coupon can only be used once, with promotional offers on the Website;

18.3.4 Only one Coupon can be used per person unless Ipanema specifies otherwise; and the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.

18.3.5 Coupons cannot be used to buy Vouchers or other Coupons, cannot be exchanged for cash, and are not transferable to any other person.

18.3.6 If Ipanema is running a special on the Website where a discount is automatically applied upon check-out, and you try to redeem a Coupon as well, the Website will automatically apply the promotion of greater value or benefit to you.

19 SITE PROMOTIONS

19.1 From time to time Ipanema will run promotions. These promotions will either be on selected products or site wide. For each promotion there will be specific terms and conditions. Promotions may require the users to apply the stated promo-code to their cart during the check-out process.

 

CONTACT US

Intershu Online's customer service is experiencing a high volume of calls and emails. For any

queries, please contact us via:

• Email: online@ipanema.co.za

• Phone: (011) 345 8223

We are working hard to address the queries coming through our call centre. Because of the

high volume, you may experience delays. Thank you for bearing with us.

Monday – Friday: 08:00 – 16:30

Saturday: Closed

Sunday: Closed

Public holidays: Closed