WEBSITE TERMS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE

  1. Who are we? What's this Site for?

These terms and conditions of use ("Terms of Use") regulate your use of the website www.thenorthface.co.za. The Site is operated by a subsidiary wholly owned by Sector Group of Companies, whose registered office is at Building, 4th Floor San Angelo, 218 Mathews Meyiwa Rd, Durban, 4001, South Africa, Company Registration number 2000/006497/23, VAT Number 4120187028 ("a subsidiary wholly owned by Sector Group of Companies" or "we"). We can be contacted through our Contact Us page, managed by our Customer Care. We use the Site to promote and provide information on a subsidiary wholly owned by Sector Group of Companies's products, as well as on a subsidiary wholly owned by Sector Group of Companies's stores and promotional initiatives.

If you purchase products on the Site, the purchase would be subject to our Terms of Sale.

  1. What if I am asked to register and open an account?

To access specific functionalities of the Site (for example to review your order history, you are required to register and open a personal account (“Account”). You will be responsible for all the activities that occur under your Account unless your Account was demonstrably being used by a third party without your consent. You are responsible for protecting your access credentials and keeping them confidential. A subsidiary wholly owned by Sector Group of Companies shall not be liable for any loss or damage incurred by you due to your failure to comply with these obligations. A subsidiary wholly owned by Sector Group of Companies may terminate or suspend your Account, at any time and without prior notice if: (i) A subsidiary wholly owned by Sector Group of Companies believes that you are using your Account in breach of these Terms of Use, (ii) A subsidiary wholly owned by Sector Group of Companies believes that a third party is using your Account without your consent, or (iii) A subsidiary wholly owned by Sector Group of Companies for reasonable security or maintenance purposes. You can cancel your Account at any time by contacting Customer Care.

  1. What personal data relating to me are processed by a subsidiary wholly owned by Sector Group of Companies?

In order to enable you to access the functionalities of the Site, including areas for registered users or newsletter subscription, we may ask you to provide certain personal data. The processing activities we carry out on such data are described in our Privacy Policy. If you do not agree with our practices and policy regarding processing of personal data, we invite you to immediately stop using this Site.

  1. What if I upload content or comments generated by me?

The Site includes sections which enable users to upload user-generated content ("UGC"), for example you could be enabled to post comments. In relation to such UGC, a subsidiary wholly owned by Sector Group of Companies is a mere hosting provider and does not assume any responsibility or liability on the content itself. You must not provide any UGC which is illegal, obscene, indecent, libellous, which fosters racial, ethnic, sexual discrimination or hatred or which
infringes any third-party intellectual property or personal data protection rights. A subsidiary wholly owned by Sector Group of Companies reserves the right to remove from the Site any UGC which, at its sole discretion, do not meet the above requirements. In case such UGC are removed from the Site, the Account of the relevant uploader may be suspended or terminated.

  1. If you want to be kept informed regarding a subsidiary wholly owned by Sector Group of Companies's products and initiatives, we are happy to invite you to subscribe to www.thenorthface.co.za newsletter here.
    You can revoke at any time, free of charge, your granting of usage rights and privacy consent in one of the following ways:
  • by sending www.thenorthface.co.za an email as indicated in our Contact Us page;
  • by removing the UGC from the relevant website/social network or cancelling the subsidiary wholly
    owned by Sector Group of Companies-related hashtags associated to it;
  • by clicking on the REPORT button that you will find on www.thenorthface.co.za website or social media page where your UGC is being featured;
  • by activating the opt-out tool available;
  • as regards Instagram, by setting your Instagram profile to private, or setting the specific photo at issue to private.
    To the maximum extent permitted by applicable law, a subsidiary wholly owned by Sector Group of Companies will in no event be liable for (i) any special, indirect, incidental or consequential loss, costs, damages, charges or expenses; or (ii) loss of profits, or (iii) loss of business, contracts, goodwill, business opportunities; or (iv) loss of income, anticipated savings; or (v) loss or corruption of data or information; or (vi) any degradation which occurs in relation to the use of your UGC as described above, whether based on tort, contract or any other legal theory, even if a subsidiary wholly owned by Sector Group of Companies had been advised of the possibility of such damages to occur.
  1. Who owns the content and materials in this Site?

The information on this Site, along with any materials incorporated herein is the copyrighted work of a subsidiary wholly owned by Sector Group of Companies. ALL RIGHTS ARE RESERVED. Single pages or materials may contain different proprietary notices.

All registered names and trademarks in this Site are registered trademarks of a subsidiary wholly owned by Sector Group of Companies or its affiliated entities. Except as expressly granted in this section (or to you specifically in writing), neither a subsidiary wholly owned by Sector Group of Companies or any of its suppliers grant any express or implied right to anyone for any patents, copyrights, trademarks, or trade secret information. ALL RIGHTS ARE RESERVED.

By submitting any UGC to the Site, you warrant you are entitled to do so and to have obtained, where necessary, all due consents by the relevant third parties (for example intellectual property right-holders or personal data subjects). Such content shall be deemed non-confidential and non-proprietary. In relation to the UGC provided by you, you grant a subsidiary wholly owned by Sector Group of Companies an unlimited, exclusive, worldwide, sub-licensable, free of charge license to use such UGC in any way and for any purposes, including but not limited to save, store, copy, reproduce, publish, post, transmit, distribute, display, modify, translate, incorporate in other materials and in any way commercially exploit it. A subsidiary wholly owned by Sector Group of Companies thus invites you not to send us through the Site any content, item, or information that you do not want to become subject to the above terms.

  1. What is a subsidiary wholly owned by Sector Group of Companies' liability for anything that may go wrong while I use this Site?

We work hard to make this Site interesting and user-friendly, but we cannot guarantee that our
users will always find everything to their liking. Please read this disclaimer carefully before using our
Site.
YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SITE OR ANY MATERIAL AVAILABLE THROUGH IT, YOU DO SO AT YOUR OWN RISK. THIS SITE IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THIS SITE, WWW.THENORTHFACE.CO.ZA ,ITS AFFILIATE A SUBSIDEIARY WHOLLY OWENED BY SECTOR GROUP OF COMPANIES, ANY OF THE CONTRIBUTORS TO THIS SITE AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ABSENCE OF DEFECTS THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS SITE, NOR DO THEY GUARANTEE THAT THIS SITE WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOR EXAMPLE, WE CANNOT GUARANTEE THAT THE APPEARANCE AND COLOURS OF OUR PRODUCTS DESCRIBED ON THE SITE, AS SHOWN ON YOUR MONITOR, WILL CORRESPOND TO THE ACTUAL APPEARANCE OF PRODUCTS AS AVAILABLE IN A PHYSICAL OR ONLINE STORE. TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WWW.THENORTHFACE.CO.ZA ITS AFFILIATE A SUBSIDEIARY WHOLLY OWENED BY SECTOR GROUP OF COMPANIES, ANY OF THE CONTRIBUTORS TO THIS SITE AND THEIR AFFILIATES, AGENTS
AND LICENSORS, OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE INFORMATION CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL,
INDIRECT, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, BUSINESS, SAVINGS, DATA AND THIRD PARTIES’ CLAIMS EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
THIS SITE MAY CONTAIN ELEMENTS OR LINKS TO WEBSITES MAINTAINED BY OTHER COMPANIES, INDIVIDUALS OR AGENCIES, WHICH ARE PROVIDED AS A CONVENIENCE TO A SUBSIDEIARY WHOLLY OWENED BY SECTOR GROUP OF COMPANIES USERS. THESE ELEMENTS OR LINKED WEBSITES ARE NOT UNDER THE CONTROL OF EITHER WWW.THENORTHFACE.CO.ZA OR A SUBSIDEIARY WHOLLY OWENED BY SECTOR GROUP OF COMPANIES. AND ARE PROVIDED MERELY AS A CONVENIENCE. THE INCLUSION OF SUCH ELEMENTS OR LINKS DOES NOT IMPLY ANY ENDORSEMENT, AND NEITHER A SUBSIDEIARY WHOLLY OWENED BY SECTOR GROUP OF COMPANIES NOR
WWW.THENORTHFACE.CO.ZA PROVIDE ANY WARRANTY IN RELATION TO SUCH ITEMS, NOR ARE THEY RESPONSIBLE FOR THE ACCURACY OF INFORMATION ON SUCH ELEMENTS OR WEBSITES. NEITHER WWW.THENORTHFACE.CO.ZA NOR A SUBSIDEIARY WHOLLY OWENED BY SECTOR GROUP OF COMPANIES MONITORS OR REVIEWS THE CONTENT OF SUCH THIRD-PARTY WEBSITES AND THEREFORE ADVISES YOU THAT YOUR ACCESS BY LINK TO THIRD PARTY WEBSITES IS AT YOUR OWN
RISK. ALL THE ASPECTS REGARDING SUCH ELEMENTS OR WEBSITES (INCLUDING RULES ON USE AND CONTENT) ARE GOVERNED BY THE RELEVANT THIRD-PARTY TERMS AND CONDITIONS, WHICH WE INVITE YOU TO READ.

  1. What is the applicable law? And the competent Court in case of disputes?

These Terms are governed by the laws of South Africa.

You agree to the jurisdiction of the Western Cape High Court (Cape Town) in respect of any dispute regarding or arising from these terms or any Order.

TERMS OF SALE

PLEASE READ THE FOLLOWING TERMS OF SALE BEFORE PLACING AN ORDER ON THIS SITE

 

  1. What is this document? Why does it matter?

These terms and conditions of sale (“Terms of Sale”) regulate your purchase of the products we promote and sell on this Site ("Products") and the shipping of such Products in the countries we deliver in. "Site" means the website located at www.thenorthface.co.za When you make a purchase
on this Site, we ask you to confirm your acceptance of these Terms of Sale and, if you do, a contract is formed between you and us, subject to these Terms of Sale. So, it is important that you read these Terms of Sale carefully before placing an order for Products on this Site ("Order").


If you need further information, please check our FAQ page or contact our Customer Care as indicated in our Contact Us page.

  1. Who are we?

In these Terms of Sale “we”, "a subsidiary wholly owned by Sector Group of Companies"; and “us” means the trader of the Products, that is a subsidiary wholly owned by Sector Group of Companies responsible for selling to consumers in the country you select for delivery of the products. If you have already made a purchase, you can also verify the company specified on your payment receipt. We can be contacted as indicated in our Contact Us page, managed by our Customer Care. Our Customer Care is operated by a subsidiary wholly owned by Sector Group of Companies, whose registered office is at Building, 4th Floor San Angelo, 218 Mathews Meyiwa Rd, Durban, 4001, South
Africa. “You” means you the customer.

  1. Are descriptions of Products and prices flawless?

We do our best to ensure that the information about Products is accurate and up-to-date. Howevernwe do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them.
Also, the colours you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colours.

We reserve the right to modify the information about Products displayed on our Site, including as regards prices, description, and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email (see below).

  1. How do I make a purchase on this Site?

We describe here all the steps necessary to make a purchase (in legal terms, to conclude a purchase contract) on our Site. The process below will be available in English.

The concluded contract will be provided to you at the end of the process and will also be accessible - but not modifiable - in the future by us.

1. You place an Order
To complete a purchase, you first must place an Order for Products. Then, this Order has to be accepted by us. To place an Order, you must be 18 years of age or over. To place an Order, you will have to select the Products on the Site, select your preferred shipping method and, if you like, other optional services, and finally click on the “BUY NOW” button. We will not accept Orders placed in any way other than as detailed above.
2. We confirm receipt of the Order
When you place the Order through the Site you will receive an automated email confirming receipt of your Order ("Order Receipt email"). The Order Receipt email contains full details of your Order such as Order No., information on Products, prices, your shipping address, delivery costs and other. Please note the Order Receipt email is NOT already an acceptance of your Order.
3. We confirm that Products have been shipped - contract concluded!
When your Order is accepted by us, we send you an email confirming that all, or part, of the Products have been shipped ("Shipping Confirmation email";).
Once you receive the Shipping Confirmation email, your Order has been finally accepted by us and the purchase contract between you and us is concluded in relation to the Products actually shipped. Such a contract is composed by: your Order; our Order Receipt and Shipping Confirmation emails; the then current Terms of Sale. No other terms and conditions shall apply.
The Shipping Confirmation email will contain an unmodifiable copy of the version of the Terms of Sale applicable at the time the purchase contract is concluded, for your future reference.
When Orders are not accepted While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example if:
i. you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address;
ii. we discover that there was an error on our Site relating to the Products you ordered, for example as regards the price or description displayed;
iii. the Products you ordered are unfortunately out of stock or no longer available;
iv. We have reasonable grounds to believe that you intend to resell the Products.

If we cannot accept your Order we will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order. If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such Products.
In case you have selected an APM, we may exceptionally have already collected your payment when we discover that the Products might be unavailable. In such a case we will immediately contact you and issue a full refund.

4. How can I pay for the Products?
We accept several methods of payment for purchases on this Site. Please find exhaustive details in
our Payment Terms.

5. When will the Products be delivered? Can I track my shipment?
We offer a standard delivery option. Please find exhaustive details in our Delivery Terms. You can track shipment of your Products by clicking on the "Track My Order" link in the Shipping Confirmation email. Please note such link will direct you to the courier's website, which is not controlled by us.


6. I want to return a Product purchased here. What do I have to do?


We hope you are delighted with your purchase from a subsidiary wholly owned by Sector Group of Companies however we understand if you wish to return any or all of the Products. You can return Products if you are not satisfied, or you just change your mind within 30 days of receipt (right of withdrawal).


7. Who can I call if I have problems with a purchase or a Product or if I want to make a complaint?


Does a subsidiary wholly owned by Sector Group of Companies offer after-sale customer support? If you experienced problems or want to make a complaint regarding a Product or a purchase made on this Site, or if you simply need after-sale assistance, you can contact us as indicated in our Contact Us page, managed by our Customer Care.


8. What is a subsidiary wholly owned by Sector Group of Companies's liability if something goes wrong with a purchase or a Product?


Our liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows: (i) we shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations; (ii) we shall not be liable due to the slightly negligent breach of any other duty of care applicable.

The above limitations of liability shall not apply to any mandatory statutory liability and liability for culpably caused personal injuries. In addition, such limitations of liability shall not apply if and to the extent a subsidiary wholly owned by Sector Group of Companies has assumed a specific guarantee.

The above provisions shall apply accordingly to our liability for futile expenses.

In any event, you shall take adequate measures to avert and reduce damages.

Please also note that we cannot be held responsible for delays or failure to perform our obligations under these Terms of Sale if such delay or failure is caused by any circumstances beyond our reasonable control, including, for example, natural disasters, war or civil disturbances, strikes, government intervention, failures of our supplier(s), failure by you to give us a correct information or to effect due payments. We will inform you of any such unforeseen events as soon as possible after they occur, and we will do our best to reduce their impact on our performance as reasonably possible. Should this interruption continue beyond a period of 2 weeks, you will be entitled to cancel the Order and get a refund.


Nothing in these Terms of Sale shall affect your statutory rights as a consumer, such as your right of withdrawal or your right to a free guarantee for faulty goods as mentioned in Clause 7 above, and nothing in these Terms of Sale shall exclude or limit any liability of a subsidiary wholly owned by Sector Group of Companies that cannot be excluded or limited pursuant to the applicable law.

9. Are my personal data collected and processed on this Site? Why? How?
By placing your Order, you agree that we may store, process, and use your personal data for the purposes of processing your Order. We will process your information in accordance with our Privacy Policy.
10. Use of the Site

The use of this Site is subject also to our Website Terms of Use, available Here.


11. What is the applicable law? And the competent Court in case of disputes? Does a subsidiary wholly owned by Sector Group of Companies stick to any code of conduct?
These Terms of Sale are governed in all respects by the laws of the country of delivery applicable to your Order, without regard to its conflicts of laws rules, including, without limitation, your local legislation enacting the Consumer Protection Act, No. 68 of 2008. The competent courts of that
same country shall have exclusive jurisdiction in connection with any disputes arising out of a purchase made on this Site or any Product, save for any right under mandatory provision of applicable law to establish legal proceedings in the habitual place of residence or domicile of the consumers.
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TERMS OF SALE - DELIVERY TERMS
Delivery:
FREE service for orders above R500.00, delivered within 3-5 working days.
Delivery is Monday to Friday during business hours.
Please allow 1-2 business days for your order to process and 3-5 working days for it to ship.
Shipment tracking
You can track shipment of your Products by clicking on the "Track My Order" link in the Shipping Confirmation email.
Please note:
It is our goal to deliver within the above-mentioned times, however, delivery dates are not guaranteed as shipments are handled by third parties and are subject to carriers' local bank holidays.

Christmas last guaranteed delivery date: place your order up to December 15th to ensure it is delivered in time for Christmas.

We will be unable to change the delivery address on Orders after checkout.

If there is no one at the indicated nominated delivery address who can accept delivery of Products, the carrier will notify you of alternative arrangements.

Title to and risk of loss in your Products will pass to you when you take possession of the Products.

All Products are shipped from our warehouse in Durban, South Africa.

We only deliver in: South Africa.

We do not deliver out of the borders of South Africa

Upon dispatch of the Products from our warehouse, we will send you a Shipment

Confirmation email.
* * * * * * *

TERMS OF SALE - PAYMENT TERMS
We accept the following payment methods for purchases made on our Site.
VISA credit/debit
MASTERCARD credit/debit


Payment must be made in the currency as indicated on your Order before you submit it.


Your Products will be supplied after your payment is cleared. If we do not receive payment in cleared funds within 30 days after the date of your Order then your Order will be cancelled. Orders paid through any other pre-payment method will be cancelled if we do not receive payment in clear funds within 1 day.
Payment by credit/debit card
If you pay by credit or debit card, you must supply your card details when you place your Order. When you place your Order, we will contact your card issuer to request authorization to the use of your card for payment of Products. We will not accept your Order (and so we will not supply the Products to you) until your credit or debit card issuer has authorised the use of your card for payment of the Products ordered. When your credit or debit card issuer authorizes the use of your card, the necessary funds on your card are reserved until the purchase process is completed or cancelled. However, no amount is actually charged on your card until the purchase process is completed. Authorizations can remain pending 3 to 7 days even in case of cancelled orders. In such
cases, no actual charges will be effected, and the funds will be eventually released. Please contact your credit/debit card issuer for more information on their specific policies regarding authorisations.
We reserve the right to verify the identity of the credit or debit card holder by requesting appropriate documentation. We take all reasonable care to make our Site secure and to prevent frauds. All credit and debit card transactions on this Site are processed by Payfast, a secure online gateways which will be responsible for holding and automated handling in a secure environment of the information relating to your payment details. Please note that we may, at any time and at our sole discretion, restrict shipping to certain Countries or locations we believe to be at high fraud risk. We usually collect payment for an Order upon confirmation of the shipment of the relevant Products.
Payment by APMs
We usually collect payment for an Order upon confirmation of the shipment of the relevant Products. However, if you prefer and select one of our alternative payment methods (APMs) entailing an upfront collection of the payment, we will collect payment upon order confirmation. In the exceptional case the Products you ordered are not available, and you have already paid through an APM, you will be immediately notified
The APMs include:
- PayJustNow
PayJustNow offers you the option to split your payment into three equal parts with no added interest. You'll make the first payment when you buy, the second at the start of the next month, and the final one a month after that.
To apply for PayJustNow, please visit https://payjustnow.com/register/overview
For more information on PayJustNow, please visit https://payjustnow.com/
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TERMS OF SALE - RETURN TERMS
a subsidiary wholly owned by Sector Group of Companies's Return Policy
Right of withdrawal
If you are not satisfied with the Products, you received or have simply changed your mind about purchasing them after we have e-mailed you your Order Confirmation, you can return them within 30 (thirty) calendar days of delivery of the Products and get a refund, provided that you return the Products to us according to the procedure indicated on our Returns page available Here.


This is a right of withdrawal that you can exercise without penalty and without giving any reason.


Please note that while the Products remain in your possession you are responsible for keeping them safe, secure and in good condition.
In case of returns for change of mind (right of withdrawal), you will be fully reimbursed apart from shipping costs for delivery. Legal guarantee for faulty goods In addition to the above, we recognize the statutory 2-year guarantee for product faults. A product is "faulty" if received damaged or where a manufacturing or material fault occurs within 2 years from the purchase. Please note that Products damaged due to wear and tear are not considered faulty. You can return faulty Products within 2 years of your receipt of the products and get a full refund, including any shipping costs, as applicable.
If you have received a wrong (different than displayed in a subsidiary wholly owned by Sector Group of Companies) or damaged item, you can return it within 30 days from the shipping date. Please follow the standard return process and select "Item was defective" as return reason.

If the 30 days return period has expired and the item is faulty, you have 2 years from the date ordered to file a warranty claim. Please contact our Customer Care to assist you in returning your item(s).
How to make a return
1) Create a "return label"
Please go to the Returns Portal. From there you will be prompted to enter your Original Tracking Number and Authorization Code – you would have received this information on email as well as on your Waybill.
2) Pack the products with the return label
Pack the order in your original box (different boxes can be used, but we strongly encourage recycling where possible) and attach the new label, ensuring the original label is covered.
3) Hand them to the carrier
Wait for carrier pick-up on the proposed date.
4) Wait for return confirmation and refund
You'll get an email confirmation when your order has been correctly returned to our warehouse and refund processed (2-4 business days).