Terms of Service

Please read these Terms of Service (“Terms”) carefully before using fredfootwear.co.za (the “Website”) or placing any order with Fred Footwear. By accessing or using our Website, or by completing a purchase, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use the Website.

1. About Fred Footwear

Fred Footwear is a South African footwear brand based in Nelson Mandela Bay, Eastern Cape. We design and supply takkies and related footwear products through our online store at fredfootwear.co.za.

Our contact details as required by the ECT Act, section 43:

2. Eligibility & Acceptance

By using this Website you confirm that:

• You are at least 18 years of age, or if under 18, that you have the consent of a parent or legal guardian who accepts these Terms on your behalf.
• You have the legal capacity to enter into a binding agreement.
• You are accessing the Website from within the Republic of South Africa or another jurisdiction that permits you to transact with a South African business.
• All information you provide to us is accurate, complete, and up to date.

3. Products & Pricing

3.1 Product Information

We take care to ensure that product descriptions, images, and specifications on our Website are accurate. However, colours may vary slightly owing to monitor settings, and product dimensions are approximate. If you receive an item that is materially different from its description, please contact us immediately — your rights under section 56 of the Consumer Protection Act (CPA) apply.

3.2 Pricing

All prices are displayed in South African Rand (ZAR) and are exclusive of Value Added Tax (VAT). VAT at the applicable statutory rate will be calculated and added to your order total at checkout. Fred Footwear reserves the right to amend prices at any time without prior notice; however, the price (inclusive of VAT) confirmed to you at checkout is the price you will pay, subject to the following:

• If a price is displayed in error and is materially lower than the correct price, we reserve the right to cancel the order and offer you the product at the correct price.
• Shipping costs (where applicable) are displayed separately at checkout and are not included in the listed product price unless explicitly stated.

3.3 Availability

All products are offered subject to availability. We cannot guarantee stock availability at any time. If an item you have ordered is out of stock, we will notify you as soon as reasonably practicable and offer you a refund, store credit, or an agreed alternative.

4. Orders & Contract Formation

An order placed through our Website constitutes an offer to purchase. A binding contract of sale is formed only when we send you a written order confirmation by email. We reserve the right to decline any order for any lawful reason, including suspected fraud, pricing errors, or stock unavailability.

In accordance with section 44 of the ECT Act, you acknowledge that:

• Electronic contracts concluded through the Website are valid and enforceable.
• You have had the opportunity to review, correct, and confirm your order before submission.
• An automated acknowledgement of receipt does not constitute acceptance of your order.

5. Payment

5.1 Accepted Payment Methods

We accept payment by the methods displayed at checkout, which may include credit and debit cards, EFT, and other South African payment solutions. All payments are processed through secure, PCI-DSS compliant payment gateways. Fred Footwear does not store your full card details.

5.2 Payment Security

Transactions on our Website are encrypted using industry-standard SSL/TLS technology. If you suspect unauthorised use of your payment details, notify us and your bank immediately. We will cooperate fully with any fraud investigation.

5.3 Failed Payments

If payment is declined or not received, your order will not be processed or dispatched. We will notify you and you may retry with an alternative payment method.

6. Delivery

We deliver to addresses within South Africa. Delivery timelines, costs, and carrier details are set out on our Shipping Information page. While we endeavour to meet quoted delivery estimates, these are not guaranteed and do not constitute a binding commitment. Risk of loss passes to you upon delivery.

If a delivery is missed or a parcel is returned to us, we will contact you to arrange re-delivery. Additional delivery charges may apply for re-delivery.

7. Returns, Refunds & Consumer Rights

Your rights under the Consumer Protection Act 68 of 2008 are not limited by these Terms. In summary:

7.1 Cooling-Off Right (Section 44 ECT Act)

If you purchased as a result of direct marketing, you may cancel the transaction within 5 (five) business days of receiving the goods, without penalty and without giving any reason. Please refer to our Returns Policy for the procedure.

7.2 Defective or Non-Conforming Goods (Section 56 CPA)

If goods are defective, unsafe, or not of good quality and reasonably suitable for their intended purpose, you may within 6 (six) months of delivery — at your election — return the goods and receive a full refund, replacement, or repair. We will cover return shipping in such cases.

7.3 General Returns

For returns that do not fall within the statutory categories above, please consult our Returns Policy, which forms part of these Terms. We reserve the right to decline returns that do not comply with that policy.

8. Warranties & Limitation of Liability

8.1 Our Warranties

We warrant that products sold by us are genuine, lawfully supplied, and (unless described as seconds or clearance items) are free from material defects at the time of delivery.

8.2 Limitation

To the maximum extent permitted by South African law (including the CPA), Fred Footwear’s total liability to you for any claim arising from a transaction will not exceed the purchase price of the product(s) concerned. We are not liable for indirect, consequential, or special damages. Nothing in these Terms limits your statutory rights under the CPA or any other applicable legislation.

9. Intellectual Property

All content on this Website — including but not limited to text, photographs, graphics, logos, product images, and the Fred Footwear brand mark — is owned by or licensed to Fred Footwear and is protected by South African intellectual property laws.

You may not copy, reproduce, distribute, or create derivative works from any Website content without our prior written permission. You may share links to our Website for personal, non-commercial purposes.

10. Acceptable Use

When using this Website you agree not to:

• Provide false, fraudulent, or misleading information.
• Attempt to gain unauthorised access to any part of the Website or its underlying systems.
• Use automated scripts, bots, or scrapers to access the Website without our consent.
• Post or transmit any content that is unlawful, defamatory, harmful, or infringes third-party rights.
• Engage in any conduct that disrupts or interferes with the Website’s operation.
• Use the Website to send unsolicited commercial communications.

11. Personal Information & POPIA

We collect, process, store, and share your personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) and our Privacy Policy (available at fredfootwear.co.za/privacy-policy). By using this Website you consent to such processing as described in the Privacy Policy.

Key points:

• We only collect information that is necessary for the purposes stated.
• We do not sell your personal information to third parties.
• You have the right to access, correct, and request deletion of your personal information.
• Our Information Officer can be contacted at info@fredfootwear.co.za.

12. Third-Party Links & Services

Our Website may contain links to third-party websites (e.g. payment gateways, social media platforms, courier tracking portals). These links are provided for your convenience only. Fred Footwear is not responsible for the content, privacy practices, or terms of any third-party site. Accessing such sites is at your own risk.

13. Amendments to These Terms

We may update these Terms from time to time to reflect changes in our business, applicable law, or best practice. We will publish the revised Terms on this page with an updated effective date. If the changes are material, we will notify registered users by email.

Your continued use of the Website after the updated Terms are published constitutes acceptance of those changes.

14. Governing Law & Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the Republic of South Africa.

14.2 Dispute Resolution

In the event of a dispute, the parties will first attempt to resolve the matter through good-faith negotiation. If unresolved within 30 days, either party may refer the matter to the National Consumer Commission or another applicable regulatory body, or to the courts of South Africa. You also have the right to refer unresolved disputes to the National Consumer Tribunal as contemplated by the CPA.

14.3 Jurisdiction

Subject to the above, the parties consent to the non-exclusive jurisdiction of the courts of the Eastern Cape Division of the High Court of South Africa for the resolution of any dispute.

15. General

• Severability: If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will continue in full force.
• Entire Agreement: These Terms (together with our Privacy Policy and Returns Policy) constitute the entire agreement between you and Fred Footwear regarding your use of the Website and supersede all prior understandings.
• No Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
• No Agency: Nothing in these Terms creates a partnership, joint venture, or agency between you and Fred Footwear.

Contact Us

For any queries regarding these Terms, please contact us at: