Terms and Conditions

Introduction

By accessing or using this site, you (the “Customer” indicate your unconditional acceptance of these Terms of use (the "Terms of Use"). We reserve the right, in our sole discretion, to update or revise these Terms of Use. Your continued use of the site following the posting of any changes to the Terms of Use constitutes acceptance of those changes. When you purchase items on our site you enter into a binding agreement which is governed by the Terms of Use.

Minimum Requirements

To place an order on the website, www.rockport.co.za, you are confirming that you are of the legal capacity to enter into a contract with Medicus Shoes (Pty) Ltd (Owner of the site). (and that you are of the correct age, have authority to use the credit card etc.).

Effect

These Terms of Use shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded. No other terms or changes to the Terms of Use shall be binding unless agreed in writing signed by us.

Sales and Pricing

Final checkout prices shown are inclusive of taxes and delivery and are normally representative of the total that you will pay for the ordered Product. You agree to pay the shown price for the products selected.
Medicus Shoes (Pty) Ltd reserves the right to change prices at any time until such a time as they issue an “Acceptance of Order” notice. If the total price differs to what was shown at checkout you reserve the right to ask for a full refund instead of paying the difference. Your Order remains valid as an offer until we issue our Acceptance of Order. We shall not be under any obligation to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an email, letter, fax or other Confirmation of your Order by us is purely for information purposes and does not constitute the Acceptance of Order. Delivery of the Order also constitutes the Acceptance of Order.
Prices on the Site www.rockport.co.za are in South African Rand unless otherwise indicated.
You shall pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit card company acceptable to us, which we require in order to process your Order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full. We reserve the right to perform a credit check and to reject/not to offer certain forms of payment and to refer you to our other forms of payment.
We may ask for further proof that you are fully entitled to use a card (or other form of payment) that you have used to purchase the Products before releasing your Product.
It is your responsibility to ensure that all details you have supplied us are correct and continue to be accurate. Any costs that may arise out of incorrect details will be for the Customer’s account.
If you realize that you have made a mistake with your Order after you have completed the checkout process, please contact online@medicus.co.za immediately. However, we cannot guarantee that we will be able to accept any changes to your Order in accordance with your instructions.
In cases where there are more than one item on your Order, we reserve the right not to supply some Items that make up your complete Order. In such a case we will only refund you for the items that are not available.

Delivery & Returns

We aim to deliver the Product to you at the place of delivery requested by you during checkout.
We aim to deliver the item to you as quickly as possible. Due to the substantial discounts we offer our delivery times are slightly longer. Our suggested delivery times can be found on the Orders & Delivery tab. Delivery times may vary depending on the Event that is running or the Items ordered.
We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You must keep the receipt of the delivered product if you want to discuss the item further with us.
Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the Order or delivery to an alternative delivery address.
All risk and ownership of the Product shall pass onto you on delivery of the product. If you are not available to take delivery at the address you supplied (or delivery has not been able to take place by your fault) all risk and ownership will be passed to you from the time delivery was originally intended. From this point on Medicus Shoes (Pty) Ltd is no longer liable for any loss or damage to the product.
Any damage incurred when opening the product is your fault and Medicus Shoes (Pty) Ltd will not be liable. Please take care when using sharp objects.
If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the carrier. Costs for redelivery may be passed onto you.
At any stage during the delivery process, until you take delivery of the goods, Medicus Shoes (Pty) Ltd may choose to cancel the order.
We do not warrant that products will suit your individual needs. We sell products without consideration for their end use.
If you feel you wish to return a product please consult the returns policy which can be found on the site. Returns may be accepted for two reasons: customer decision or faulty product.
Medicus Shoes reserves the right to change the returns policy at any stage without warning. It is the customer’s responsibility to ensure that they are aware of the returns policy at checkout.

Cancellation

We reserve the right, for the purpose of suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and Medicus Shoes (Pty) Ltd, in whole or in part, if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made, and accept no liability which may arise as a result of such refusal to process any order/sale.
We will usually aim to refund any money received from you using the same method originally used by you to pay for the product.
If fraud is suspected we may choose not to refund the payment but rather contact the police and relevant banking authority immediately.

Force Majeure

Medicus Shoes (Pty) Ltd shall not be liable for any delay in performing any of its obligations under these Terms of Use if such delay is caused by circumstances beyond the reasonable control of Medicus Shoes (Pty) Ltd, and Medicus Shoes (Pty) Ltd shall be entitled to a reasonable extension of time for the performance of such obligations.

Product Dead on Arrival

Our products will be delivered in a new or original condition unless specifically stated otherwise. If you feel the product that has been delivered is not in its original condition please reach out to our customer service team immediately via email at online@medicus.co.za who will try to rectify the issue.
Please inspect the product before signing for delivery. If you sign for a product on delivery you are agreeing that you are happy with the obvious condition of the product that you have received.

Security

Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site shall be prosecuted and civil damages shall be claimed in the event that Medicus Shoes (Pty) Ltd suffers any damage or loss.
You agree and warrant that your log-in name and password shall be used for your personal use only and not be disclosed to any third party.
You allow Medicus Shoes (Pty) Ltd to take all reasonable steps to ensure the integrity and security of the Site and back-office applications.
All credit card transactions on the Site are secured by SSL (Secure Socket Layer) encryption and reinforced through various encryption processes in order to provide the most effective protection possible for all sensitive payment information. Medicus Shoes does not access any confidential information about your means of payment.

Disputes

Disputes between you and Medicus Shoes (Pty) Ltd may arise from time to time, and we will try to resolve these issues in an amicable manner.

Address for Notices

Medicus Shoes (Pty) Ltd hereby selects '21 Leadwood Crescent, Fairview Business Park, Fairview, Port Elizabeth', its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Medicus Shoes (Pty) Ltd may change this address from time to time by updating these Terms and Conditions.
Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -

by hand will be deemed to have been received on the date of delivery;
by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received. Email address: online@medicus.co.za

If you require a PO Box address please enquire with Medicus Shoes (Pty) Ltd.

POPIA

1. Introduction

This privacy statement sets out how Medicus Shoes (Pty) Ltd, sole distributor of Rockport uses and protects any personal information that you provide via use of the following website:
www.rockport.co.za

2. By visiting our website, communicating electronically with us, and using our products and/or services, you give consent to the processing and transfer of your personal information as set out in this privacy statement.

3. Medicus Shoes (Pty) Ltd is committed to taking reasonable measures to ensure the security and protection of the personal information we process. Should we ask you to provide certain personal information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Medicus Shoes (Pty) Ltd reserves the right to amend the privacy statement at any time, without prior notice, by posting the amended statement on our website.

4. Who we are

Medicus Shoes (Pty) Ltd is a South African footwear distributor. We are the sole importer and distributor for Rockport in Southern Africa.

5. General Terms

The Rockport website is owned and operated by Medicus Shoes (Pty) Ltd, a company registered in the Republic of South Africa under company registration number 1952/001519/07, which has its registered address at 21 Leadwood Crescent, Fairview, Port Elizabeth, 6070.
In terms of S11 of the Electronic Communications and Transactions Act (ECT) 25 of 2002 and the common law of contract, these terms and conditions are valid, binding, and enforceable against all persons that access the Rockport website. We may from time-to-time update or change terms without notice. You should check them periodically, as your continued use of the website will mean that you have accepted any revised terms.
This agreement and the use of this website are governed by the laws of South Africa. Non-residents may use our website to make online purchases provided that the delivery address is in South Africa.
You may browse or use our website for your own personal, private, educational, non-commercial and information purposes only. No other use is permitted without our prior written consent.
The unauthorized use, copying, reproduction, variation, modification, or distribution of the content of this website, the uploading of any unlawful or damaging information or viral software, or the creation of any links to our website from any other website, is strictly prohibited.
We reserve the right to:
- restrict your use and access to our website or part thereof in the event of any unauthorised use.
- suspend our website or any part thereof.
- terminate your account at any time if we believe that the information supplied by you is false or incomplete.

6. What is personal information

Personal Information according to the Protection of Personal Information Act, means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to –

Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person.
Information relating to the education or the medical, financial, criminal or employment history of the person.
Any identifying number, symbol, e-mail address, telephone number, location information, online identifier or other particular assignment to the person.
The biometric information of the person.
The personal opinions, views or preferences of the person.
Correspondence sent by the person that would reveal the contents of the original correspondence.
The views or opinions of another individual about the person.
The name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.

7. The type of personal information we collect

We currently collect and process the following information:

Names and surnames.
Contact information, including email addresses.
Demographic information such as postcode, preferences, and interests.
Other information relevant to customer surveys and/or offers.
Records of correspondence or enquiries.
Details of transactions you may carry out on our platforms.

8. How do we obtain personal information

Most of the personal information we process is provided to us directly from you, however, we may also collect information:

Based on your use of our products, services.
Based on how you engage or interact with us, such as on social media, and through emails, letters, telephone calls, and surveys.
Use of our website.
From third parties affiliated with our services.
From entities within our group of companies.

9. What do we use this personal information for:

We require this information to understand your needs and to provide you with a better service, and for the following reasons:

Internal record keeping.
Respond to enquiries.
Provide products and services to you.
Improve products and services.
Comply with legal requirements.
Market and promote our products and services.
Safety and security reasons.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax, or mail. We may use the information to customise the website according to your interests. We will, of course, only contact you if you have given us your express permission to do so.

10. When will we process your personal information:

In terms of the Protection of Personal Information Act (POPIA), the justification ground which we base our processing on consist out of the following:

The data subject or a competent person where the data subject is a child consents to the processing. Kindly note that you have the right to withdraw your consent.
The processing is necessary to carry out actions for the conclusion or performance of a contract to which the data subject is a party.
The processing complies with an obligation imposed by law on the business.
The processing protects a legitimate interest of the data subject.
The processing is necessary for the proper performance of a public law duty by the business.
The processing is necessary for pursuing the legitimate interests of the business or of a third party to whom the information is supplied.

11. Security

To prevent unauthorised access or disclosure, we have put in place suitable physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
We have taken reasonable steps to put in place appropriate measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorised way, altered or disclosed.
We limit access to your personal information to those employees, agents, and other third parties who have a business need-to-know.
Your personal information will only be processed and used in accordance with this privacy statement.

12. Data Retention

We keep your information while you still have a profile with us, and we need to provide you with products and/or services or where we are legally obligated to do so.
We will process your information while your profile is still active with us.
In some instances, we may choose to retain certain information about you after you have closed your profile, but we will do so in a depersonalised form for statistical, historical or research purposes.
We may keep certain information even after you delete your profile or stopped making use of our products and/or services. If it is reasonably necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our other user agreements, or fulfill your request to object to our processing of your information.

13. Intellectual Property Rights

All intellectual property on the website, including but not limited to content, trademark (or any confusingly similar trademarks), trade names, logos, pictures, videos, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons, and hyperlinks are the property of or licensed to Medicus Shoes (Pty) Ltd and as such, is protected from infringement by domestic and international legislation and treaties. All other rights to intellectual property on the website are expressly reserved. No person shall amend, copy, use, decompile and/or reverse engineer the source code of the website. No person may use logos, icons, or trademarks from the website as hyperlinks or for other purposes without Medicus Shoes (Pty) Ltd’s consent.

14. Disclaimer and Limitation of Liability

Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Medicus Shoes (Pty) Ltd shall not be liable for any damage, loss or liability of any nature incurred by whomever resulting from access or use of our website or the purchase of any of our products. You hereby agree, to the extent permitted by law, to indemnify us against any loss, damage or claim that you may suffer as a result of your use of our website and/or its contents contrary to these terms.

15. How we use Cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added, and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes, by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes, and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful, and which you do not. A cookie, in no way, gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

16. Links to Other Websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be held responsible for the protection and privacy of any information which you provide, whilst visiting such sites, and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

17. Your data protection rights:

You are entitled to access your personal data by sending a written request to privacy@medicus.co.za. We may charge you a fee for this service.
You may also request us to correct or supplement any of your personal data which we will undertake as soon as practicable.
Request the destruction of your personal data. We will consider your request in light of any other laws or regulations prohibiting us from destroying your personal data.

You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.

Please contact us at privacy@medicus.co.za if you wish to make a request.

Contact details:

Name: David Palmer / Carla Pommerel
Address: 21 Leadwood Crescent, Fairview Business Park, Port Elizabeth, 6070
Phone Number: 041 484 1645
E-mail: privacy@medicus.co.za

How to complain:

If you have any concerns about our use of your personal information, you can make a complaint to us at privacy@medicus.co.za

You can also complain to the Information Regulator if you are unhappy with how we have used your Information.

Their contact details are as follows:

The Information Regulator (South Africa)
33 Hoofd Street
Forum III, 3rd Floor Braampark
P.O Box 31533
Braamfontein, Johannesburg, 2017

Complaints email: complaints.IR@justice.gov.za

Copyright