This Refund Policy regulates the extent to which you may cancel your purchases made on the Website and be refunded therefore, either before or after having received the product, as well as what your remedies are if the product you received is defective. It also explains the process you need to follow in order to properly cancel a purchase, report a defect, arrange for a return etc.
You are not entitled to any refund, repair or replacement save to the extent that it is expressly provided for under this Refund Policy or if the seller of the Product in its sole discretion and without being obliged thereto, chooses to give you a refund, repair or replacement.
1. Your rights to cancel, return &/or be refunded
1.1 Early Cancellations
Subject to the EXCEPTIONS listed below, you are entitled to cancel (either in whole or in part) any purchase if you cancel prior to the packaging of the products so purchased, and you effect such cancellation via an email notification at: email@example.com, however administration and handling fees will be charged.
If timeously cancelled as aforesaid, you will be refunded in respect of such cancelled purchase (including delivery charges, with administrative and handling fees being payable) provided that, should a sale only be partially cancelled and delivery charges as re-calculated on the value of the revised order exceed the delivery charges as calculated on the original order, you shall be liable for the amount of such excess delivery charges.
1.2 Late Delivery & Stock Shortages
If a product you have purchased is not delivered within the agreed delivery period (or where no specific period was agreed, within 30 days after having purchased the Product) you are entitled to cancel such purchase on 7 days notice to the seller of such product, the functionality for giving such notice being provided on the ‘orders’ webpage of the Website.
Should a product that you’ve ordered be out of stock, the seller thereof will notify you thereof, whereupon:
- in the event of a temporary out-of-stock situation, you shall be entitled either to cancel the order and be fully refunded, or to maintain the sale subject to a later delivery date as may be agreed;
- in the event of a permanent out-of-stock situation, you shall be entitled to be fully refunded.
In being ‘fully refunded’, you will be refunded the relevant purchase price and delivery charges, without having to pay any administrative or other charges.
1.3 Incorrect Product Delivered
If the incorrect Product is delivered to you (i.e. it is not the Product you purchased), please do not remove the Product from its original packaging, open or use the Product in any way. Please promptly contact the seller thereof, so that the seller can resolve the mistake by arranging to collect such Product from you and deliver the correct Product to you, as quickly as possible.
1.4 Non-defective products
Save for certain EXCEPTIONS (as listed below), you are entitled, after your receipt of a product purchased by you, to cancel that purchase within the relevant COOL OFF PERIOD specified below, and to obtain a full purchase price refund, subject to being charged by the seller thereof for the return of the product.
COOL OFF PERIOD:
- Products purchased from www.es.org.za : 30 days
EXCEPTIONS: the aforesaid ability to cancel purchases of non-defective products will NOT apply in respect of the following types of products:
- Books, magazines, newspapers and periodicals;
- Audio or video recordings (i.e. CD’s or DVD’s) which have been opened/un-sealed;
- Foodstuffs, beverages or other goods intended for everyday consumption.
Note that although you are entitled to ‘cool off’ and cancel your purchase as aforesaid, the product must be returned in the condition you received it and by following the procedure set out in the ‘Return & Refund Process’ section below. So, if you wish to return any non-defective product delivered to you for a refund as aforesaid, please do not remove the product from its original packaging and/or use or wear the Product. Remember that the seller may hold you liable for any damage you cause to the product (including its packaging) while in your possession.
POSSIBLE LENIENCY BY ES: Although your right to return non-defective products bought from the ES are as set out above, if you want to return a non-defective product you purchased from the ES after the aforesaid 30 day cooling off period and/or the non-defective product returned is not in the same condition as when it was delivered to you, the ES may, in its sole discretion, decide to nevertheless give you a partial refund on that purchase.
1.5 Defective Products
GENERAL RULE: If, within 6 months after delivery of a product –
- you find that the product is defective/faulty, or unsuitable for the purpose for which it was indicated in the product description (or otherwise generally intended), or not legal, or not reasonably durable (based on circumstances and product type) (hereinafter referred to as being “Defective”); and
- you return such product to the seller in the manner set out in the “Return & Refund Process” section below (being the ONLY manner in which returns will be accepted by the relevant seller);
and the product is subsequently found –
- to indeed be Defective, you are entitled to either (a) have the product repaired or replaced at the seller’s expense, or (b) be fully refunded;
- NOT to be Defective, you will not be entitled to any refund, or free replacement or repair, and you may be liable for the costs incurred in having such product collected from and returned back to you.
WHEN IS THE PRODUCT ‘DEFECTIVE’? Please note that the following issues/problems will NOT render the product damaged, defective or unsuitable as aforesaid and will not entitle you to any repair, replacement or refund:
- Faults resulting from normal wear and tear;
- Where you, or someone unauthorised to do so by the seller, has altered, repaired or damaged the product (via misuse or abuse). IMPORTANT: you should refuse to accept delivery of any product which is visibly damaged, and if you only discover the damage after the courier has left (e.g. a torn book cover), then you must report it to the seller as soon as possible and within 48 hours. If only reported after 48 hours, it is reasonable for the seller to determine that the damage was caused post delivery;
- Where an item of clothing does not fit you because your measurements do not accord with the item’s size (i.e. you have incorrectly estimated/measured your size);
- Encoding on DVD’s not being compliant with your zone (save where the encoding was incorrectly specified in the relevant product description);
- Electronic hardware or software (including computer games) purchased by you which are not compatible with your operating system and/or existing hardware. Consequently, before purchasing any electronic hardware or software, please confirm that it is compatible with your existing hardware and operating system. System requirements are usually available on the manufacturer’s website.
EXCEPTIONS TO THE GENERAL RULE:
- Special Offers: If the product was ordered pursuant to a “Special Offer” and such product is no longer being offered at the special price, should you elect to have the product repaired or replaced (as opposed to being refunded), you acknowledge and accept that the seller may only be able to repair, not replace same product.
- Certain product types which have been opened: To combat the illegal copying of digital media, if the following types of products are returned for being defective or damaged, the seller reserves the right to only replace it with another copy of the same product without giving you the option of a refund: CDs, Videos, DVDs, audio tapes, computer software, games and printer consumables.
POSSIBLE LENIENCY BY THE ES: Although your rights in relation to Defective products are as set out above, if you return an allegedly Defective product you purchased from the ES and, following inspection thereof it cannot be established with certainty that the product is Defective, the ES may, in its sole discretion, nevertheless decide to give you a partial refund on that purchase or to effect a repair or give you a replacement at a reduced cost.
2. Return & Refund process
Purchases from ES
RETURNS: If you want to return a product you have purchased from the ES for any reason permitted under this Refund Policy, you must in all instances first notify the ES thereof to inform us of the reason for your return by contacting us via the online functionality at the ‘Contact Us’ menu, or via email at: firstname.lastname@example.org or our call centre at: +27 12 325 7885. Once you have successfully logged your return as aforesaid, the ES will issue you with a returns authorisation number (“RA Number”) and arrange for the collection of the product from you. You must ensure that the Product to be collected by the courier is packed so as to comply with the following:
- the Product is properly protected;
- save where being returned due to being Defective, the Product is still in its original packaging, together with all accessories, instructions and documentation (if any), and in perfect condition for the purposes of resale (i.e. the product must not be damaged, scratched, soiled, and in the case of electronic hardware, the adhesive screen covers must not have been removed); and
- aforesaid RA Number is accurately reflected in/on the parcel.
The ES is not able to accept the return of any products which have not gone through the above process and/or are not accompanied by a valid RA Number. Products returned without a valid RA Number will not have been validly returned and may be sent back to you at your expense. Please treat products and packaging with reasonable care while in your possession. Nothing herein detracts from any right the ES may have to hold you liable for any damage you cause to a product (including its packaging) while in your possession.
REFUNDS: Should you be entitled to a refund for any reason, such refund shall –
- in the case of payment having been made by credit card, EFT, or bank deposit, be credited to your bank account. The ES will not, in this instance, pay funds into a third party bank account.