This website is owned and operated by Hooligans Kids Clothing, Registration number 2001 / 018393 / 23
Returns and Tax Policy: https://hoolies.co.za/returns-tax-policy/
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY VISITING, PURCHASING, AND/OR MAKING AN ACCOUNT WITH US ON THIS WEBSITE YOU AGREE TO THESE TERMS AND CONDITIONS.
These Terms and Conditions were updated on June 16, 2024.
Welcome to Hoolies.co.za. By accessing our website, you agree to these terms and conditions, privacy policy, and consent to the collection and use of your data in accordance with POPIA.
Use of the Website
Acceptable Use:
The Hoolies.co.za website is provided for your personal and non-commercial use. You are permitted to browse the site, make purchases, and engage with services as intended. Any use of this website or its contents for commercial purposes, including but not limited to advertising or solicitation for any other product, service, or company, is strictly prohibited.
User Conduct:
You agree not to use the website in a way that may impair its performance, corrupt the content, or otherwise reduce the overall functionality of the website. You also agree not to compromise the security of the website or attempt to gain access to secured areas or sensitive information.
Prohibited Activities:
The following activities are expressly prohibited:
• Unauthorized copying, distribution, or disclosure of any part of the website or its content.
• Use of the website to transmit or distribute viruses or any other harmful computer code.
• Engaging in any activity that is illegal, fraudulent, or violates the rights of others.
• Attempting to interfere with the service to any user, host, or network, including, without limitation, via means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the website.
Intellectual Property:
All content included on the website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the site, is the property of Hoolies.co.za or its suppliers and protected by copyright and other intellectual property laws.
Content Usage:
You may use the content from the Hoolies.co.za website only for your personal use and not for any commercial purposes. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content is strictly prohibited without the express written consent of Hoolies.co.za.
Account Responsibility:
If you create an account on the Hoolies.co.za website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
User-Generated Content:
You may post reviews, comments, and other content, send communications, and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.
Termination of Use:
Hoolies.co.za reserves the right to terminate your access to the website without any advance notice for any reason whatsoever.
Privacy and Personal Information
• We collect and use personal information as described in our Privacy Policy.
• We comply with POPIA and ensure the protection of personal data.
Consent Under POPIA
• Consent for data processing is obtained in accordance with POPIA.
• Users have the right to withdraw consent at any time.
Cookies
• We use cookies to enhance user experience as detailed in our Cookie Policy.
• Users can manage cookie preferences through their browser settings.
Data Retention
• Personal data is retained as necessary and in compliance with POPIA.
• Users can request data deletion in accordance with our Data Retention Policy.
Errors and Inaccuracies
Accuracy of Information:
At Hoolies.co.za, we make every effort to ensure that all information on our website is accurate and up-to-date. However, the information may occasionally contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.
Correction of Errors:
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
No Obligation to Honour Errors:
In the event of a pricing error or discrepancy with respect to products, we are under no obligation to fulfill orders at incorrect prices. If a product’s listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Product Availability:
We cannot guarantee that all products described on our website will be available at the time of your order. If a product is not available, we will inform you as part of the order process and offer alternatives or the option to cancel the order.
User Responsibility:
While we strive to provide complete, accurate, up-to-date information on our website, we do not warrant that the product descriptions, colors, information, or other content available on the website are accurate, complete, reliable, current, or error-free. It is the user’s responsibility to verify any information before relying on it.
Limitation of Liability:
General Limitation:
Hoolies.co.za, including its directors, employees, agents, affiliates, or suppliers, will not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
• Your access to or use of or inability to access or use the website;
• Any conduct or content of any third party on the website;
• Any content obtained from the website; and
• Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
Service Interruptions:
Hoolies.co.za does not guarantee that the website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the website, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the website during any downtime or discontinuance of the website.
Product Liability:
Hoolies.co.za is not liable for any injury or damage to individuals or property as a result of the use or misuse of any product purchased through the website, whether due to defect, incorrect use, or otherwise.
Defective Products:
A product is considered defective if it fails to provide the safety which the public is entitled to expect, taking into account all aspects, including:
• The presentation of the product.
• The use of the product that could reasonably be anticipated.
• The time when the product was put into circulation.
Exclusions:
Our liability does not extend to defects resulting from:
• Misuse, abuse, or alteration of the product by the consumer.
• Products that have been used in a manner contrary to their intended purpose or design.
• Damage or defects caused by normal wear and tear or the natural breakdown of materials.
Remedies:
If a product purchased from Hoolies.co.za is found to be defective, consumers are entitled to the following remedies:
• Repair or replacement of the affected product.
• A refund of the purchase price paid for the product.
Notification:
Customers must notify us of any product defects or safety concerns as soon as they become aware of them. Hoolies.co.za will take prompt action to address any such notifications in compliance with the CPA.
Limitation of Damages:
While we take our responsibility under the CPA seriously, our liability for any claim, loss, or damage arising from a defective product is limited to the remedies provided under the CPA and does not include indirect or consequential losses.
Indemnification:
Customers agree to indemnify Hoolies.co.za against any claims, damages, liabilities, costs, and expenses arising from the misuse or alteration of any product purchased from our website.
Informational Purposes Only:
The information presented on Hoolies.co.za is for informational purposes only and should not be relied upon as legal, financial, or professional advice. We are not liable for any reliance on such information.
Deliveries & Returns:
Our Deliveries and Returns Policy is contained on www.hoolies.co.za and forms part of these General Terms and Conditions. Our returns policy is straightforward and becomes effective once you finalize your purchase.
Agreement to Terms
By registering or purchasing from Hoolies online, you confirm that you’ve read and agreed to our Terms and Conditions, including the Returns and Tax Policy. You also consent to receive electronic invoices from us.
Customer Care Email and Chat Service Terms
- Product, Delivery Advice and Risk Liability
- Size and Fit Guidance:
The size and fit advice provided by Hoolies chat service is based on general industry standards and our own product specifications. Hoolies.co.za is not liable for recommendations regarding sizes, fit, or suitability for a particular season. Customers are encouraged to use their discretion and personal judgment when selecting sizes. - Product Safety:
While Hoolies.co.za ensures that all clothing adheres to safety standards, we are not liable for any harm that may come to a child as a result of wearing our products. It is the responsibility of the caregiver to ensure the child’s safety and suitability of the garment for the child’s age and activities.
Any customer modifications to the product void any liability on the part of Hoolies.co.za. - Delivery Time Frames:
Hoolies.co.za provides estimated delivery time frames as a guideline only. We are not liable for any delays in delivery due to unforeseen circumstances or factors beyond our control. - Layering and Overheating:
Advice provided on layering, onesies, and sleep sacks is intended to guide but not prescribe how to dress a child. Hoolies.co.za is not liable for any overheating or discomfort experienced by a child due to layering or the use of our products. Caregivers should monitor the child’s comfort and adjust clothing as needed.
It’s advisable to follow the general rule of dressing babies in one more layer than what an adult would wear for comfort in the same conditions. If you have any concerns about the specific type of fabric you have, it’s best to consult with a pediatrician. - Acknowledgment of Risks:
By purchasing and using our products, customers acknowledge the risks and agree to assume full responsibility for the safe use of the products. - Conduct
• Users are expected to maintain respectful communication. We reserve the right to terminate a chat session if a user’s conduct is deemed inappropriate.
• Users must not transmit any messages that are abusive, offensive, or inappropriate in nature. Hoolies.co.za reserves the right to terminate the chat session or cease email responses if a user engages in such conduct.
User Responsibility:
You acknowledge and agree that you assume full responsibility for your use of the site and any linked third-party sites. Your sole remedy against Hoolies.co.za for dissatisfaction with the site or any content is to stop using the site or any such content.
Applicability:
This limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
Acknowledgment:
By using the Hoolies.co.za website, you acknowledge that this limitation of liability is part of the terms and conditions of use of the website and is a reasonable allocation of risk.
Governing Law
These terms are governed by the laws of South Africa.
Changes to Terms
• We reserve the right to modify these terms at any time.
• Continued use of the website after changes constitutes acceptance of the new terms.
Contact Us
For any questions regarding these terms, please contact us via our website.
