Heelys Terms of Use
Terms of Use
IMPORTANT LEGAL INFORMATION: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS AND CONDITIONS APPLY TO ALL VISITORS TO OR USERS OF HEELYS.CO.ZA.THE HOME PAGE OF WHICH IS AT WWW.HEELYS.CO.ZA (THIS “WEBSITE”). YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
Copyright Notice and Use of Website:
The design of this website and all text, graphics, information, content, processes, and other material displayed on or that can be downloaded from this website are protected by copyright, trademark, and possibly patent and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The contents (including without limitation, the look and feel, all text, photographs, images, video and audio) of this website are © 2009, Heelys Inc. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this website. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations and is prohibited. In the event of a violation of these laws and regulations, Heelys Inc. reserves the right to seek all remedies available by law and in equity. Heelys Inc. reserves the right to block or deny access to the website to anyone at any time for any reason.
Trademarks:
Heelys Inc. (“Heelys” or “we”) retains all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Heelys are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the heelys.co.za website. Your misuse of the trademarks displayed on the heelys.co.za website is strictly prohibited. You are also advised that Heelys will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
Products, Content and Specifications:
All features, content, specifications, products and prices of products and services described or depicted on this website, are subject to change at any time without notice. Heelys makes all reasonable efforts to accurately display the attributes of its products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this website at a particular time does not imply or warrant that these products or services will be available at any time.
Special Notice on Search Engine Optimization:
Heelys and its affiliates have a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any heelys.co.za Web page is prohibited absent express written permission from Heelys Inc. Framing, inline linking or other association of the heelys.co.za website or its or its suppliers’ software or HTML code, scripts, text, artwork, photographs, images, video, and audio with links, advertisements and/or other information not originating from the heelys.co.za website is expressly prohibited.
Third Party Links:
Periodically, links may be established from this website to one or more external websites or resources operated by third parties (the “Third Party Sites”). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the heelys.co.za website. None of these links should be deemed to imply that Heelys endorses the Third Party Sites or any content therein. Heelys does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Site is at your own risk and Heelys will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
User Information:
Other than personally identifiable information, which is subject to this website’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this website in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable. If you are accessing and using this website on someone else’s behalf, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein and you agree to accept liability for harm caused by that person’s wrongful use of the website.
User Conduct:
You shall NOT do any of the following: (a) attempt to modify or “hack” this website; (b) access any area on the website which you are not explicitly authorized to access; (c) interfere with, restrict or inhibit any other user from the use and enjoyment of the website; (d) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) collect or harvest personal information about other users of the website; and (f) jeopardize the operation of computer systems owned by Heelys Inc. or any of its affiliates or the reputation of Heelys Inc. or any of its affiliates.
Shipping Eligibility:
Heelys sold through this site are only available in Africa. Heelys SA does NOT ship to P.O. boxes. Shipping in South Africa is Postnet to Postnet. Africa shipping is via nominated courier.
Refusal of Shipments.
Postnet will attempt to contact the customer up to 3 times to collect the parcel from Postnet before sending back to Heelys SA. In the event that a shipment is routed back to Heelys SA, the order will be cancelled. Africa shipments (Outside of South Africa) will be handled on a case for case basis.
Returns:
We accept returns on our products under two conditions:
1. Heelys SA Error – should you receive product different from what you ordered, Heelys SA will pay for shipment on shoes back to its warehousing facilities, as well as for shipment on the correct product back to you.
2. Customer Dissatisfaction – You may return new items still in their original condition within 30 days of delivery. Customer is responsible for all shipping charges to return shoes to Heelys SA.
All returns must be verified by customer service. Heelys SA is not responsible for any shoes returned without being assigned a return authorization by customer service.
All shipments must be sent back via Postnet to Postnet. Africa shipments (Outside of South Africa) via nominated courier that enables tracking. Heelys SA is not responsible for lost, stolen or damaged goods.
Limited Warranty
Products sold through the Heelys SA Online Store are warranted against defects in materials and workmanship for 90 days from the date of receipt. Manufacturer’s defects will be determined by Heelys SA. Valid claims will receive a full refund. Improper fit is not valid criteria for warranty. Warranty is valid only with proof of purchase from the Heelys SA Online Store. Misuse, abuse or alteration of product voids warranty. Heelys SA will not issue replacement product or credit for returned products that have experienced excessive wear or any type of abuse or mistreatments.
Limitations of Liability:
Heelys does not assume any responsibility, or will it be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website, or your downloading of any information or materials from this website. IN NO EVENT WILL HEELYS, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Revisions to these Site Use Terms and Conditions:
These Site Use Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Site Use Terms and Conditions because they are binding on you. Certain provisions of these Site Use Terms and Conditions may be superseded by legal notices or terms located on particular pages of this website. Your continued use of this website after any changes to these terms and conditions are posted will be considered acceptance of those changes.
Payment Options Accepted
Payment may be made via Visa or MasterCard credit or cheque cards or by bank transfer into the Global Pact Trading 785 (Pty) Ltd T/A Funbox Distribution bank account, the details of which will be provided on request.
Credit Card Acquiring and Security
Credit card transactions will be acquired for Global Pact Trading 785 (Pty) Ltd T/A Funbox Distribution via PayGate (Pty) Ltd. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer Details Seperate From Card Details
Customer details will be stored by Global Pact Trading 785 (Pty) Ltd T/A Funbox Distribution separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za
Merchant Outlet Country and Transaction Currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR)
Responsibility
Global Pact Trading 785 (Pty) Ltd T/A Funbox Distribution takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods
Country of domicile
This website is governed by the laws of South Africa and Global Pact Trading 785 (Pty) Ltd T/A Funbox Distribution chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, G51 Brightwater Commons, Republic Road, Randburg, Johannesburg.
Variation
Global Pact Trading 785 (Pty) Ltd T/A Funbox Distribution may, in its sole discretion, change this agreement or any part thereof at any time without notice.
Company information
This website is run by Global Pact Trading 785 (Pty) Ltd T/A Funbox Distribution based in South Africa trading as Funbox Distribution and with registration number 2010/002405/07.
Company Contact Details
Support Email: sales@heelys.co.za