Introduction

Welcome to our website at https://www.xtraclothingandshoes.co.za (herein referred to as the “Website”). This website is owned by Langs Shoes cc trading as Xtra Clothing and Shoes Online, registration number: 2000/005246/23 and is situated at C/O Rietfontein & Main Reef Roads, Boksburg, 1459 (“Xtra”, “we.”, “us”, “our”).

This website enables customers to shop for items including clothing, shoes and apparel (“Products”) online and have it delivered to their nominated address within South Africa, or at a nearest Xtra Clothing and Shoes branch (Boksburg, Vereeniging or Vanderbijlpark).

By using this website, you agree and are bound to our Terms and Conditions (“T&C’s”, “terms”). These conditions might change from time to time without notice. You acknowledge that in terms of Electronic Communications and Transactions Act of 2002 (as amended) and the common law, these terms will be valid, binding and enforceable against anyone that makes use of or accesses the Website. These T&C’s apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

By accessing, browsing, using or registering with the Website, you confirm that you have read, understood and agree to these Website Terms in their entirety. If there is any provision in these T&C’s that you do not understand, it is your responsibility to ask Xtra to explain it to you before you accept the T&C’s or continue to use the Website.

It is imperative that you carefully read the T&C’s before continuing to order via the online store. Should you not agree with any of the T&C’s you should not continue to use this website.

Nothing in these T&C’s is intended or must be understood to unlawfully restrict, limit or avoid any rights or obligation, as the case may be, created for either you or Xtra in terms of the CPA.

Definitions

“Customer care” – means our customer care department that can be reached via email: customercare@xtraclothingandshoes.co.za or telephone number +27 (0)60 956 6182, alternatively submit your query by completing the query form in our “contact us” section on our website.

“Customer”- means any natural or juristic person who enters or intends entering into an electronic transaction with Xtra for the purchase of products offered by Xtra.

“Items” – means the Product/s selected by the Consumer for purchase when placing an Order on our Website.

“Order” – means the collection of Items purchase by you from our Website.

“Policies” – means the various Xtra policies contained in or referred to herein and on our Website, including frequently asked questions (“FAQs”) and product information, which form part of these T&Cs and which may be updated from time to time;

“Products” – means all products displayed for sale on our Website, including but not limited to clothing, shoes, apparel and delivery.

“Website” – means our online store, which can be accessed at (www.xtraclotingandshoes.co.za), owned and operated by A & B Shoes cc t/a Xtra Clothing and Shoes (“Xtra”, “we”, “us” and “our”).

“Working Days” – means between 08:30 and 16:30 Monday to Friday, excluding Saturdays, Sundays and statutory public holidays in the Republic of South Africa.

Purchasing of Products

This site allows you, the user to place an electronic “order” for products on offer, subject to availability. An agreement of sale between you and Xtra comes into effect once you have completed and submitted the online order form for “items” in your shopping cart (“cart”) and your payment has been authorised by Xtra (or has been received into Xtra’s bank account).

We are stock lot buyers and regularly buy stock that previously belonged to other chain stores and for commercial reasons labels are defaced. For this reason, stock of “items” can be very limited, and therefore, you acknowledge that stock of all products on offer is limited but Xtra will take all reasonable efforts to monitor stock levels and ensure that when products are no longer available the offers are discontinued from the website. When products are no longer available after placing an order, we will notify you and you will be entitled to a refund of the amount paid by you for such goods.

Products on the Website cannot be reserved to be bought at a later stage and placing an item in your cart without completing the order does not amount to a “sale”.  Xtra therefore has the right to remove any product/s from your cart before the sale takes place, in the event of the product going out of stock. We cannot be held responsible if the product/s you added to your cart becomes unavailable at the time you complete the sale.

We have made every effort to display as accurately as possible the colours of the products that appear on our Website. However, as the actual colours you see will depend on the device that you use to access our Website, we cannot warrant that your device’s display of any colour will be accurate. Please note that some of our products are sourced internationally and sizing may differ. Therefore, the sizing on the product may indicate different to the sizing you are used to in South Africa. We ‘resize’ where necessary to ensure that the product is in fact the correct sizing. You need to measure your bust, waist, and hip measurements (cm) and compare them to the size chart on the Website.

Product Pricing

We will take all reasonable efforts to ensure that the prices reflected on the Website are accurate. You confirm that we may amend our prices from time to time without prior notice and for any reason whatsoever. We reserve the right not to honour any incorrect offers represented on the Website made by genuine human or system error. You agree that all prices will be quoted in South African Rand. You also agree that the prices displayed on the Website are only valid and effective in South Africa. Special promotions may be limited to separate offer conditions and stipulations. We shall only be liable to return payment already made by you, in the case where you choose to cancel the sale, once you have been made aware of the correct price.

Payment Options

We take reasonable steps to secure your payment information and we use a payment system that is sufficiently secure, with reference to accepted technological standards at the time of transaction and the type of transaction concerned. Transacting with us electronically is safe and secure. All online payments are processed via PayFast. PayFast (Pty) Ltd, is a registered systems operator and payment gateway who has strict security measures in place securing everything within a robust PCI DSS Level 1 environment. PayFast have dedicated resources equipped to fight online fraud and to keep both buyers and sellers safe from abuse.

Payment to Xtra may be made by using your Visa or MasterCard credit or debit card (activated for online purchases), Instant EFT or Masterpass.

 

Cancellations and Refunds

We reserve the right to not process an order or to cancel an existing order (partially or completely), if on our website we suspect that you have, or have tried to: abuse the website; intercept data; commit fraud; hack into our systems; or create multiple user profiles to take advantage of a promotion or offer intended by us to be used once-off by you. We will also be entitled to blacklist you on our database, delete your profile and suspend or terminate your access to our website (in which case we accept no liability which may arise). In case of an error, system or genuine human error, where the products are no longer available, incorrect price, quantity or description of the products. We will not be bound by errors and we will inform you of such errors as soon as we become aware of them. If cancellation of an order is initiated by us, no cancellation fees will be payable. We will refund you the Rand value that you have paid, only if you have already paid for the cancelled order. We will not be liable for any loss or claim relating to a cancelled order or refusal to process an order. You have the right to return non-defective products purchased within 30 days of the order being delivered.

Delivery and Collection

We offer free delivery for orders over R400 (four hundred), orders under R400 (four hundred) will be charged at standard shipping rates that will be quoted and billed at checkout.  Express and overnight express deliveries are not available for certain outlying and remote areas. Additional delivery charges (which will vary, depending on your delivery address) apply to outlying and remote areas. Delivery fees may change at any time without notice to you. The delivery fee and any additional charges applicable to your order will be communicated to you and must be paid when you place an order under R400 (four hundred). We also offer a free Collect In-Store option, this option allows you to collect from one of our three (3) stores situated in Boksburg, Vereeniging or Vanderbijlpark. 

We will notify you via email as to the process of your Order, and you will also be able to track the Order on our courier partner’s website.

Upon delivery or collection of your Order a delivery/collection note will be issues for signature, reflecting the product/s that are being delivered or collected, delivery fees and the amount paid. You should always check that the product/s being collected or delivered are correct and free from any defects. Should the packaging be damaged and you accept the order without fully inspecting the product/s you should add a note on the delivery note stipulating that the packaging was damaged, or product/s were not inspected. Where there is an issue with the product/s detected after the acceptance of the order, you should notify our Customer Care without delay in order for us to be aware of any issues with the product/s and in order for arrangements to be made for the product/s to be returned and refunded.

Although reasonable care shall be taken, we cannot accept responsibility for incorrect delivery details that have been provided to us, or if an unauthorised person at your chosen delivery address accepts the delivery of your order, as we do not verify the identity of the person at the delivery address who signs the delivery note.

In the event that you do not collect an order at your chosen Xtra branch, reminders will be sent to you to collect your order. If you do not collect your order within ten (10) working days, your order will be cancelled with no refund.

After two (2) failed attempts to deliver your order to you at your chosen delivery address via our courier services, your order shall be returned to us and the purchase shall be reversed after the cost of the second delivery has been deducted.

Deliveries shall be effective within 3-5 working days from the time of making payment of your order for delivery to your door and 2-5 working days for Collection In-Store at one of our branches. Take note, however, that outlying areas take longer and delivery, in that case, may take up to approximately 10 working days. We advise our customers that delays in delivery may occur in the event of: strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, or any other superior force that may affect the delivery process. Our liability for any delay in delivery is limited to re-deliver at a later agreed time at no additional charge. Deliveries take place during business hours Monday to Friday. There are no deliveries over weekends or on public holidays. Please take this into consideration when selecting your delivery address.

We will notify you should there be any delivery-related problems and we are unable to deliver on the agreed date or if stock has become unavailable. Once you receive this notification from us, you can decide whether you would like to cancel your order or not. We will refund you the Rand value you have paid if you decide to cancel your order. We will try to deliver all the products in your order at the same time, but please note some products may not be available at the time of dispatch, particularly during sale periods and high demand periods like Christmas and Black Friday.

We have outsourced delivery arrangements to a third-party service provider. We therefore cannot, to the extent permitted by law, be liable for any loss or damaged caused by any act or omission by the courier, its directors, employees, sub-contractors, agents or representatives. For the purposes of this clause “we, us, our” shall include any agent or independent contractors who may be responsible for delivery on behalf of us.

Once the order has been delivered or collected by you, the risk in and to the product/s will pass to you as the customer.

Exchanges and Returns

If you are unhappy with your purchase for any reason (other than if it is defective) and wish to return it, you may do so with thirty (30) days of the date that it is delivered to you or collected by you, or seven (7) days for product/s marked “Sale”. The product/s must be unused, in its original condition and (where applicable) packaging, and you must have the invoice and delivery note.

You cannot return goods if its price tag has been removed or if the product/s have been used, or if any parts are missing (unless stipulated by you upon delivery). We do not accept return of intimates, lingerie, swimwear, bodysuits or underwear.

The easiest way to return or exchange your order is at one of our branches, which will be free of charge. The store cashier will facilitate a credit or exchange (where applicable and subject to stock availability at the branch you choose). For a return, the store cashier will inspect your product, once the returned has been approved (as per refusal specifications above and below) a credit note, for use in one of our branches, will be issued. In the event of you requesting a refund, the Xtra Online team will be notified, and you will be refunded as per your original method of payment (no cash refunds will be processes in-store). For exchange, subject to availability the product will be exchanged by the cashier.  

If you opt to return or exchange your purchase via a courier service, please log your return via email to our Customer Care email (customercare@xtraclothingandshoes.co.za). Please note that the cost of the courier delivery fee to send the item back to us (and delivery back to you, if an exchange)  will need to be paid upfront and will be facilitated by us. There are no refunds of shipping fees.

Returns or exchanges needs to be logged via our Customer Care email (customercare@xtraclothingandshoes.co.za) within thirty (30) days from date of delivery (or seven (7) days for product/s marked “Sale”) or collection by you. You will not be eligible for refund or exchange should this period stipulated above be missed. Once we have inspected the product/s and validated your return (this could take up to 10 working days), we will refund your account with the purchase price of the product/s.

We are entitled to refuse a return if the product/s returned is used, damaged, not in a re-saleable condition or missing any accessories. Should we refuse a return, the customer is liable for arranging a courier to transport the product/s back and the courier cost.

Any approved refunds will be issued to the same means of payment initially used to purchase the product/s. For instance, if you paid with a credit/debit card, the refund will be placed to your credit/debit card. If you paid using an Instant EFT, the refund will be issued to your bank account used at the time of purchase. The availability of the money on your credit/debit card or [bank account] largely depends on how quickly your bank processes the refund operation. It may take up to ten (10) working days after the refund has been processed successfully to reflect.

Should we accidentally deliver the wrong goods to you, or if the product/s are not as described on our website or the product/s are missing any parts, notify us immediately via Customer Care. We will arrange for the product/s to be collected at no charge. You can then choose if we should deliver the correct goods to you as soon as possible (if available), or issue you with a refund (using the same method of payment you initially used for the purchase). Please do not remove any stickers or tags, or remove the product/s from its original packaging.

Return Address:
Xtra Clothing and Shoes Online
Att: Customer Care – Returns/Exchange
C/O Rietfontein and Main Reef Roads
Boksburg 1459

You may contact our Customer Care team via email: customercare@xtraclothingandshoes.co.za who will oversee the refund process.

 

Electronic Communications and Transactions Act 25 of 2002 (“The Act”)

The above-mentioned Act requires that we as suppliers of goods and/or services for sale by way of an electronic transaction on our website must make the following information available to our valued customer:

Langs Shoes cc, is a private registered company retailing in clothing, footwear and apparel trading as “Xtra Clothing and Shoes Online”.

Xtra Clothing and Shoes Online
C/O Rietfontein and Main Reef Roads
Boksburg
1459

Tel: +27 (0)60 956 6182

This also being the address we hold for the receipt of legal service of documents as well as our place of registration.

Our website and e-mail address: www.xtraclothingandshoes.co.za and customercare@xtraclothingandshoes.co.za

Registration number: 2000/005246/23

 

Use of the Website and Social Media Platforms

Xtra is active on Facebook, Instagram, and other social media platforms from time to time (hereinafter referred to as “Social Media Platforms”).

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.

You are prohibited from posting or transmitting, by means of reviews, comments, suggestions, ideas, questions or other information through the Website and Social Media Platforms, 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:

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

any content that encourages conduct that would constitute a criminal offense or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or

any content that constitutes an invasion of privacy; or

any content that is an infringement of any intellectual property right; or

any content that contains software viruses; or

any content that constitutes a political statement, commercial solicitation, or “Spam”.

Although we do not purport to review (nor are we under any obligation to review) any submitted content, we reserve the right to remove any content from the Website and Social Media Platforms where we deem such content, in its sole and absolute discretion, to be an infringement of the above mentioned or harmful in anyway whatsoever. Should you place on or submit to the Website or Social Media Platforms any such harmful content or should you breach any clause in these T&Cs, we may immediately terminate and/or suspend your access to all or parts of the Website or Social Medial Platforms, without any further notice to you.

You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Xtra representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Xtra representative.

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 involve the Website under your User Name.

You may not:

• allow other people to use your User Name and Password; or
• impersonate another User or any third party; or
• provide false information to gain access to the Website.

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.

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 take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this Website, especially if certain information appears to be inaccurate, particularly product pricing and promotional content.

Without limiting the generality of the aforegoing, this Website could 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.

 

Linking to Third Party Websites

This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Xtra is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

 

Limitation of Liability

Xtra 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 Xtra, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors.

Xtra 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 in 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 Xtra 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.

 

Applicable Law

These Website Terms will be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law.

 

Jurisdiction

You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the Website Terms or any matter related to or in connection therewith.

 

Variations

We may periodically update or change the Website Terms, without notice. You should check the Website from time to time as your continued use of the Website will mean you accept any updated or revised Website Terms.

 

Copyright and Intellectual Property Rights

Copyright and all intellectual property rights in all materials, texts, drawings, graphics, logos, icons and any data made available on this Website (collectively “the Materials”) are exclusively owned by Us (or Our content suppliers) and acknowledge that Our rights are protected by both South African and international intellectual property laws.

You accept that all licenses granted in terms of these Website Terms are provided to you on a non-exclusive and non-transferable basis. You also accept that these licenses are solely to you to enable you to have full use and enjoyment of the Website. Notwithstanding this, you agree that We may terminate or cancel all licenses at any time without prior notice and for reason any reason whatsoever. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such Materials or any component thereof will constitute an infringement of such copyright and other intellectual property rights.

You may only use the Materials or any component thereof for your information purposes or for the purposes of ordering products from Us. The trademarks, names, logos and service marks (collectively “Trademarks”) displayed on this Website are Our registered and unregistered Trademarks. Nothing contained on this Website should be construed as granting any license or right to use any Trademark without Our prior written approval or permission.

You agree that all Materials on this Website are mainly intended to be used in South Africa and accept that We disclaim all representations or warranties, express or implied, that any Products or Product Information will be appropriate for use beyond the borders of South Africa. You warrant that you will comply with all applicable laws in the event that you decide to use any Products or Product Information outside of South Africa. It is for this reason that you agree to indemnify and hold Us harmless against any liability for any loss or damage from your non-compliance with any applicable laws.

 

T&Cs last updated: 15 August 2022