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1.1 This Returns Policy forms part of our Terms and Conditions of Use and Sale. (T&Cs). All capitalised terms herein shall be defined as per their meaning under the T&Cs.
1.2 T&O provides the Site (and ancillary related services) to enable you to shop online for the Products.
1.3 T&O wants you to be happy with the Products that you purchase using the Site and wants you to have a consistent experience when returning Products from the Site. This Returns Policy (this Returns Policy) applies to and regulates returns of the Products by you to T&O.
1.4 Nothing in this Returns Policy is intended to contravene, and, to the extent mandatory, is wholly qualified, by any applicable laws, including the Consumer Protection Act, 2008 (CPA) and the Electronic Communications and Transactions Act, 2002 (ECT Act).
1.5 Should any claim by you under, or any other matter relating to this Return Policy, escalate into a dispute, such dispute will be resolved in accordance with the dispute resolution provisions of the T&Cs. Notwithstanding the aforegoing, T&O will be entitled to stipulate such order dispute resolution process as it may equitably determine as a precursor to or in the place of that provided for in the T&C’s.
2.1 You are entitled to cancel any order/s for the Products prior to their dispatch by T&O for delivery to you. In such cases of cancellation, T&O will, within a reasonable time, refund you the amounts that it already received from you in respect of the Products. Cancellation in such circumstances shall not constitute the return of the Products and shall thus not be subject to this Returns Policy.
2.2 Returns made after the Products are delivered (Delivered) to you are subject to this Returns Policy.
3. CIRCUMSTANCES WHERE RETURNS ARE ALLOWED
Products may be returned where:
3.1 the Products Delivered are incorrect;
3.2 the Products Delivered are defective; and/or
3.3 you no longer want the Products that have been Delivered.
4. INCORRECT DELIVERIES OF PRODUCTS
4.1 Where we deliver Incorrect Products (Incorrect Products) to you, you must notify us as soon as possible and we will collect the Incorrect Products from you at no charge.
4.2 Once we have collected and inspected the Incorrect Products and validated their return and their compliance with clause 8 (Conditions for Return), we will notify you and you will then be able to select to:
4.2.1 have the correct Products Delivered to you (if they are available); 4.2.2 have your account credited; or 4.2.3 be refunded within 30 days, where you make no election within seven days we will elect for you.
5. DEFECTIVE PRODUCTS
5.1 All Products must be inspected by you immediately following their Delivery for quantity variances and defects. Where we deliver Defective Products (Defective Products) to you, you must notify us as soon as possible and we will collect the Defective Products from you at no charge.
5.2 As far as is legally permissible, the following (non-exhaustive list) shall NOT be regarded as defects and will NOT entitle you to return those Products:
5.2.1 Products that comply with their specifications; 5.2.2 damage or fault arising from normal wear and tear; 5.2.3 damage from any failure to adequately care for the Products; 5.2.4 damage from negligence, abuse or incorrect use of the Products; 5.2.5 damage from any unauthorized alterations or modifications to the Products; and/or 5.2.6 Products that are not fit for purpose (unless this is expressly notified by you and agreed in writing upfront).
5.3 Any complaints regarding an alleged defect in the Products need to be handled in accordance with clause 10 below and in the case of:
5.3.1 patent (visible/evident) defects: notified to us within three days of Delivery; and 5.3.2 latent (hidden) defects: notified no later than seven days after discovery of the defect; but in any event no later than six months after Delivery of the Products (Standard Warranty).
5.4 Failing notification within the time periods stipulated in clause 5.3, the Products supplied shall be conclusively deemed to be free of defects.
5.5 The time periods stipulated in clause 5.3 shall be subject to any extended warranty (over and above the Standard Warranty) only if and where one is expressly indicated on the Site when purchasing of the Products. Where there is no express mention of an extended warranty none shall be implied or presumed.
5.6 Subject to applicable law, this clause 5 constitutes your exclusive remedy and our only liability in respect of defects in the Products and for the avoidance of doubt is subject to any agreed limitations or exclusions of liability.
6. UNWANTED PRODUCTS (COOLING OFF)
6.1 Where you qualify as a consumer under the CPA or ECT Act, you can change your mind and return any Products that you no longer want within seven days of delivery of the Products at your own cost.
6.2 The return of all Products will be subject to the below:
6.2.1 clause 7 (Excluded Products); and 6.2.2 clause 8 (Conditions for Return).
7. EXCLUDED PRODUCTS
The following Products are excluded from this Returns Policy and may not be returned:
7.1 foodstuff or other Products intended for everyday consumption;
7.2 Products that are likely to deteriorated rapidly;
7.3 Products that have been clearly personalised or made to your specifications;
7.4 Products that by their nature cannot be returned; and/or
7.5 any other instance where Products are expressly noted on the Site as being excluded from return.
8. CONDITIONS FOR RETURN
8.1 In order for Products to be returned they need to be:
8.1.1 undamaged; 8.1.2 unused; 8.1.3 in their original packaging and, in addition, packaged safely and securely for protection during transit; 8.1.4 in the same condition as that in which they were Delivered to you; 8.1.5 not missing any accessories, components or parts; and 8.1.6 clearly marked with your return reference number on the outside of the parcel.
8.2 The only exception to this is where an express provision is made to the contrary on the Site in relation to any particular Products when purchasing of the Products. Where there is no express mention of any such exception none shall be implied or presumed.
9. CHOICES WHEN RETURNING PRODUCTS
9.1 When Products are returned, to the extent applicable or required under the CPA, you can select to:
9.1.1 have your account credited; 9.1.2 to be refunded; and/or 9.1.3 have the Products repaired or replaced.
9.2 While we will endeavour to carry out your preferred choice, you acknowledged that we cannot guarantee any preference.
9.3 Further to the extent that you do not fall within the provisions of the CPA or similar legislation, T&O will have the final sole discretion to determine the remedy granted.
11.1 When Products are returned to us they will be subject to inspection.
11.2 Should the Products in our reasonable discretion not be suitable for return, we shall not be obliged to accept such return.
11.3 If the Products are deemed acceptable for return, then your account with us will be credited or refunded or the Products will be repaired or replaced.
11.4 As far as is legally permissible, where you return a defective Product and you fail to return the related accessories and parts sold with the Product, T&O will be entitled (in its sole discretion) to:
11.4.1 refuse the return; 11.4.2 replace only the (portion of the) Product that was returned; or 11.4.3 only credit or refund you in respect portion of the Products returned (which value it shall be entitled to estimate in its reasonable discretion).
12. COSTS FOR RETURNS
12.1 We shall only charge fees on returns as far as such are legally permitted and in certain instances we may and shall charge a reasonable handling fees in respect of a Products return.
12.2 Further if any Product is returned that does not comply with this Returns Policy, then you may be liable for reimbursing T&O the collection and handling costs associated therewith.
All refunds will be affected using your original payment method – i.e., if you made payments via electronic funds transfer, your refund will be made into such corresponding bank account, if you made payment via credit card you will be refunded on the credit card you used and so on.
14.1 We may amend this Returns Policy from time to time.
14.2 To the extent permitted by applicable law, any such amendment will come into effect and become binding when notice is given of the change by publication on the Site. It is your responsibility to check the Site often.
14.3 Your only remedy, should you not agree to such amendment, will be to refuse acceptance of it and you must in such circumstance stop using the Site. If you continue using the Site then you, by doing so, agree to the Returns Policy, as amended.
15. THIS RETURNS POLICY OTHERWISE SUBJECT TO THE T&C’S
Save as expressly provided for herein, this Returns Policy is entirely subject to, and forms a part of, the T&C’s.