Terms & Conditions
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING, OR BUYING ANY PRODUCT THROUGH THE WEBSITE.
This Website and all the content herein are protected by copyright and no portion of it may be used without express written permission from Alpha Appeal and its associates.
2. Newsletter Subscription
By completing and submitting and an electronic order form, you are making an offer to purchase goods which will result in a binding contract should we choose to accept it. Please be advised that the goods will only be dispatched until we have authorisation from your payment issuer. We will not be liable should there be a delay and we will not accept your order if the payment has not been authorised. Should you use EFT, send an
email to email@example.com with the official proof of payment indicating that the payment has been authorised.
You will receive an email acknowledging your order. The mail will confirm the items you have ordered. You may be directed to a third-party site to complete your order. We at Alpha Appeal reserve the right to accept your order and we may not accept your order if:
- Your payment is not authorised
- You have cancelled your order
We reserve the right to refuse any order.
4. Returns after Delivery
Each item that is purchased on Alpha Appeal is guaranteed. If you are dissatisfied with the product after receiving it, contact us on firstname.lastname@example.org and our customer service agents will assist. We do not accept any returns for incorrect sizes nor do we offer refunds. We only offer exchanges through our Branded Feet store.
5. Pricing and Payment
All prices stated throughout the Website are listed in South African Rands (ZAR) and payment will only be accepted in South African Rands. Delivery costs will be added to the total cost of the items you have ordered.
The price you pay for the ordered items shown at the time you place your order is the price you will pay, even if the price has long since changed. If you opt for card payment, your card will be debited once the payment has been authorised. By placing an order with Alpha Appeal, you are explicitly agreeing to not
request a chargeback of any fees or payments for your order and that no dispute will be raised by you bank with Alpha Appeal. You agree to contact Alpha Appeal directly to resolve the issue or cancel your order within the 12-hour window from when the order was placed.
6. Delivery Information
Please see the Delivery and Shipping page for more information regarding delivery and shipping costs.
7. Changes to Terms & Conditions for Online Purchases
We at Alpha Appeals reserve the right to amend these Terms & Conditions for purchasing items online from time to time. If we are to make any amendments, we will notify you by way of email as well as posting the new Terms & Conditions on the website. If you do not agree with the new Terms & Conditions, you can unsubscribe from using our services.
8. User Obligations
By downloading, accessing or using the Website, you agree to abide by all applicable local, provincial, and national laws and regulations with respect to your use of the Website. You further represent you shall at all times provide true, accurate, current and complete information (and updates thereto) when submitting information to Alpha Appeal through the Website. You shall only use the Website as permitted by this Agreement, and you shall not use the Website or the Content for any commercial, political, obscene, illegal, or inappropriate purpose. Alpha Appeal reserves the right, in its sole discretion, to terminate your access to the Website for any or no reason. If you register for an account on the Website, you may be required to designate an email address and password, and there may be additional requirements as designated by Alpha Appeal from time to time.
You agree to assume all responsibility concerning your use of the Website, including all activity occurring through your password (and related account access). You shall immediately notify Alpha Appeal if you suspect or become aware of any loss, theft, or unauthorized use of your password.
9. Purchases through the Website
All purchases made through the Website are subject to our acceptance. This means that we may refuse to accept or may cancel any transaction, in our sole discretion, and without liability to you or any third party. The Website does not permit orders from dealers, wholesalers, or other customers who intend to resell items offered on the Website. Alpha Appeal expressly conditions its acceptance of your order on your agreement to these Terms, and to all additional terms and conditions that are provided to you on the Website that govern your purchase of certain Products. By ordering Products through the Website, you agree to provide true, accurate, current, and complete information. Alpha Appeal reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the site without incurring any obligation to you. Prices and availability are subject to change without prior notice, and Alpha Appeal reserves the right to revoke any offer to correct any errors, inaccuracies, or omissions.
Alpha Appeal wants you to be satisfied with your purchases from this Website. If you wish to return a product, please review our Online Return Policy, which is incorporated herein by reference.
10. User-Generated Content
By submitting or posting any materials or content on the Site (“User-Generated Content”), you grant to Alpha Appeal perpetual, irrevocable, royalty-free, worldwide, royalty-free, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, and sublicense such materials or any parts of such materials. You hereby represent, warrant and covenant that any User-Generated Content you provide does not violate any law or the rights of any third party and you have full right to grant Alpha Appeal the license specified above. Alpha Appeal shall be entitled to use any User-Generated Content without incurring obligations of confidentiality, attribution or compensation to you.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE, AND ALL CONTENT, PRODUCTS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SECURITY OR ACCURACY. ALPHA APPEAL DOES NOT WARRANT THAT.
(1)THE INFORMATION ON THE WEBSITE IS CORRECT, ACCURATE OR RELIABLE;
(2) THE FUNCTIONS CONTAINED ON THE WEBSITE APP WILL BE UNINTERRUPTED OR ERROR-FREE; OR
11. Dispute Resolution by Binding Arbitration and Class Action Waiver
Any dispute relating in any way to your visit to, or use of, the Website, the Products, or any purchase or otherwise related to this Agreement (“Disputes”) shall be submitted to confidential arbitration law at South African court. If a dispute arises under this Agreement, you agree to contact us at email@example.com (email). Before formally submitting a Dispute to arbitration, you and Alpha Appeal may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that any and all Disputes, other than those filed in small claims court, shall be submitted to final and binding arbitration before a single arbitrator of the South Africa Arbitration Association (‘’SAAA”) in a location convenient to you or telephonically. Either you or Alpha Appeal may commence the arbitration process by submitting a written demand for arbitration with the SAAA and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the SAAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. All parties will be responsible for the cost. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Gauteng: (i) any dispute, controversy, or claim relating to or contesting the validity of Alpha Appeal’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory or other provisional relief; (iii) any legal action by Alpha Appeal against a non-consumer; or (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
You shall have thirty (30) days from the date that you purchase a product or provide information to the website to opt-out of this arbitration agreement. To opt-out of arbitration, you must contact us in writing at firstname.lastname@example.org (email). If more than thirty (30) days have passed from the date that you purchase a product, you are not eligible to opt-out of arbitration with respect to claims relating to that product. If more than thirty (30) days have passed from the date that you provide information to the website, you are not eligible to opt-out of arbitration with respect to claims relating to the website.
12. Link to Third Party Websites
The Website may include links to third-party websites, such as links from advertisers, sponsors, content partners, and third parties. The inclusion of any link on the Website does not imply our endorsement of it, and Alpha Appeal expressly disclaims any responsibility for the content, the materials, the accuracy of the information, or the quality of the products or services provided by, available through, or advertised on these third-party websites.
14. Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labelled “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT”, ANY LINK THROUGH WHICH YOU SUBMIT BILLING OR SHIPPING INFORMATION, or such similar links as may be designated by Alpha Appeal to accept these terms and conditions, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws,
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR PRODUCTS OFFERED BY ALPHA APPEAL.
Further, you waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non- electronic records, or to payments or the granting of credits by other than electronic means. This Agreement constitutes the entire agreement between you and Alpha Appeal and supersedes any prior version of this Agreement and Alpha Appeal. If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid, the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of this Agreement.
I accept the terms & conditions as laid out in the Terms & Conditions by making purchases on the Alpha Appeal website, you accept the terms and conditions laid out in our terms and conditions.