Using this website to make purchases:
This website and/or previous/future versions may feature the ability for Website Users to make monetary purchases of goods and/or services.
Where The Company functions as a partnering retailer of third party brands, it will clearly indicate so. Where third party brand products/services are purchased by Website Users through this website, Website Users acknowledge that The Company functions as a retailer and reserves all rights with respect to The Consumer Protection Act No. 68 of 2008. Where The Company’s own products and/or services are purchased through this website, The Company is responsible for 100% of any and all processes associated with The Consumer Protection Act No. 68 of 2008, as no dependency on third party responses may delay interactions such as exchanges and/or refunds.
It is important to note that purchase of a digital product is subject to different terms, conditions, definitions and interpretations with respect to The Consumer Protection Act No. 68 of 2008, such as:
- Defective: a digital product may be deemed as defective if and only if the correct and lawful application and usage presents defects. Examples include but are not limited to:
- Correct credentials and delivery details provided by Website Users, and products not being accessible after a purchase.
- Correct email addresses provided, without email updates being received from The Company as necessary or as indicated.
- Website User accounts being created on the website, with access not being granted thereafter, due to a technical glitch.
Where Website Users purchase physical goods through this website, Website Users acknowledge that delivery methods vary according to the third party provider responsible for delivery as The Company is not the direct dispatcher of third party items. The Company does not warehouse goods, nor facilitate logistics directly and where third party shipping is relied upon to deliver and/or collect defective goods, The Company is not responsible for the condition of such goods upon arrival at respective destinations.
- Website Users completing purchases of physical goods may return them to The Company within 30 days from delivery if the item is non-defective and within six months should the item be of a defective nature, as per The Consumer Protection Act 68 of 2008 (as per s16; s19; s20 and s55(3) and s56). The following stipulations apply at all times:
- The purchasing Website User must select between a repair, refund or replacement, provided that a replacement item is available in stock. Should an item be unavailable, the User may select a refund or a repair. Repairability of any item is determined within seven business days of receiving the item through the stipulated receiving address which may at times be different to The Company’s registered business address. Should a repair be impossible or not offer sufficient quality upon the item being returned to the purchaser, The Company will endeavour to contact the purchaser within three business days to execute a full refund of the item’s retail price, listed on the purchaser’s relevant proof of purchase. Defective nature excludes that of consumer party’s misuse, negligence and/or violation of health and safety codes.
- Responsibility falls on the purchasing Website User to ensure that items being returned are delivered to the correct receiving address, as which will be indicated by The Company upon agreeing to receive the item/s in question, within the time period as indicated in Section 10 (1) of The Consumer Protection Act No. 68 of 2008. Returns dated outside of this time period will not be accepted unless by special exception as arranged with The Company beforehand. While The Company endeavours to reach purchasers within three business days, the onus is on the buyer and/or purchaser to make contact with The Company within 72 hours of the six month mark period, to enquire if the relevant item has been received in good order.
- Refunds on returns may be subject to an administration charge of 15% of the invoiced value of good being returned, in cases of non-defective items, in compliance with The Consumer Protection Act No. 68 of 2008 wherein The Company reserves all rights to charge a nominal fee for the hard costs incurred by processing the refund.
- In the case of defective items being returned, there will be no administrative charge.
- Items with no defects should be returned in excellent condition or in a condition as close to when received and onus falls on the Website User as buyer and/or purchaser to ensure this. The Company reserves the right to examine non-defective returned items for partial use, wear and tear, damage and/or physical and/or technical alterations to said item/s. Should The Company suspect partial use, wear and tear, damage and/or physical and/or technical alterations to said item/s, The Company reserves the right to outsource expert advice prior to responding regarding refund requests. Every effort will be made to inform the purchaser of developments in this regard, however the responsibility falls on the purchaser to contact The Company within 72 hours of receiving confirmation that The Company has received the return of said non-defective item.
- Items that have been damaged in any manner that does not originate on the part of The Company will not be accepted and no refunds will be granted. The Company reserves the right to outsource laboratories, field experts and any other expertise required to ensure the defective goods were supplied as such or that defective goods were predisposed during manufacturing stages. The Company reserves the right to rely on such expert findings in taking recourse and if necessary to argue against a refund, in line with the Consumer Protection Act No. 68 of 2008.
- Once The Company has received items submitted for refund requests, and The Company is satisfied in all due respects of the material nature of the item, The Company will process the refund to the purchasing Website User by reversing the payment onto the original payment method or by EFT into a nominated bank account. The responsibility to provide correct banking details falls onto the purchasing Website User, and should no communication be received for three years following the approval of a refund and request of an appropriate channel through which to process it, The Company reserves the right to interpret the refund request as permanently cancelled, non-negotiable and non-transferable.
- Refund payments can take up to 21 working days to process after full inspection and authorisation of a refund.
In order to exchange products purchased from The Company, purchasing Website Users must return the original items and then place a new order. Exchanges are subject to inspection by The Company and provisions of The Consumer Protection Act No. 68 of 2008, wherein The Company reserves the right to refuse exchanges on items including, but not limited to, swimwear, undergarments and items being submitted for exchange requests which have been damaged between the purchasing Website User receiving said items, and submitting these for exchange requests.
Approved exchange requests will result in a voucher being issued, for the invoiced amount of the item being granted an exchange request. Where applicable, The Company reserves the right to charge a nominal fee to cover hard costs incurred through granting exchange requests, in compliance with The Consumer Protection At No. 68 of 2008. Defective items, proven as such, will result in The Company taking 100% responsibility for any and all reasonable costs associated with the return and exchange of such items. This process may involve The Company refunding the purchasing Website User a nominal delivery fee or issuing a voucher, as per the Website User’s choice, after confirming the defective status of the respective items.
In some instances, where a Supplier of The Company needs to be contacted, the same due process will be respected, for such Supplier to confirm the defective status of any goods being returned or exchanged. The purchasing Website User must follow all communication protocols laid out herein, and may be directed to the Supplier in times when The Company has not received a response within 30 days of submitting a query.