A. Direct marketing “cooling-off” period
1.1. In terms of section 16 of the Consumer Protection Act 68 of 2008, the “CPA”:
1.1.1. If you have purchased goods as a result of direct marketing, then for a period of 5 (five) days if having received the goods you can:
• return the goods; and
• receive a full refund.
1.2. Please note however that you will however be liable for the cost of returning the goods.
B. Goods which have not been seen before purchase
1.3. In terms of section 19 read with section 20 of the CPA, if you have not had the opportunity to examine the goods received before delivery, then in such an instance you are entitled to inspect the goods on delivery
1.4. If on inspection you find that:
• the goods do not meet the ‘type’ or ‘quality’ reasonably expected; or
• if the goods where made as a result of a special or ‘custom’ order, and they do not reasonably conform to the specifications of the order,
1.5. then you can:
• refuse delivery;
• receive a full refund for the goods in question, and
• can cancel the transaction without penalty.
1.6. The costs of this return shall be ours.
C. Goods that do not meet purpose for which it was purchased
1.7. In terms of section 55(3) read with section 20 of the CPA, if you inform us that the goods you are purchasing are being bought to fulfil a particular purpose, and then you are informed that the goods will meet this particular purpose then:
1.7.1. Within 10 (ten) days of receiving the particular goods you may:
• return the goods if they are not suitable for the particular purpose as mentioned above, and
• can cancel the transaction without penalty.
1.8. The costs of this return shall be ours.
2. GOODS NOT RETURNABLE
2.1. Please note that goods meeting the following criteria are not capable of being returned:
• regulation prohibits the return of goods which returns are disallowed due laws, regulations, or statutes, for example health and safety regulations, or
• after having had the goods delivered to you, you disassemble, partially or completely, alter, add, or combine the goods with other items.
3. IMPLIED WARRANTY OF QUALITY
3.1. Section 56 read with section 55 of the CPA, states that all goods sold are sold with an implied warranty of quality, that cannot be contracted out of or revoked and which gives you the right to receive goods that:
• are reasonably suitable for the purpose that they are intended to be used for;
• are of good quality, free of defects and in good working order; and
• will be durable and usable for a reasonable period of time.
3.2. If the goods purchased are found not to be compliant with the above requirements then, for a period of up to 6 (six) months of receipt of the goods you may:
• return the goods, or
• get the goods replaced, or
• get the goods repaired
3.3. without penalty and at our cost.
3.4. Please note that the above implied warranty will not apply with respect to any defect or suitability if:
• you were made aware of the specific defects, and
• you agreed to receive the goods regardless.
4. ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002
4.1. Please note further that the Electronic Communications and Transactions Act 25 of 2002, the “ECTA” contains some of its own consumer protection provisions that trump those of the CPA. The ECTA governs all online sales in the Republic of South Africa.
4.2. According to the ECTA all goods purchased from an online store, instead of the remedies provided by A, B and C above you have the following rights:
4.3. a general right to return:
• for a period of 7 (seven) days after delivery;
• for any reason;
• without penalty; however
You will be liable for the costs of the return of such goods.
In terms of section 56, of the CPA you may elect whether you wish to receive a refund, replacement, or repair of the returned goods.
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