CUSTOMERS OF KILLERDEALS PRODUCTS

DEFINITION:

Customer – “a person who buys goods or services from a shop or business.”

Supplier – “a person or organization that provides something needed such as a product or service”

POLICY:

The Consumer Protection Act (CPA) relates specifically to South Africa.

South African consumers are one of the most protected consumers in the world.

The general right of return

It is important to note from the onset that whilst the Consumer Protection Act allows goods to be returned, there is no general right of return.

What this means is that if a customer purchases an item and then decides they simply do not like it or are having regrets about spending their money, the customer cannot simply return it because they have a “change of heart” and that is not a legal reason.

So when can a consumer return an item?

There are 4 instances when a customer can return items under the Consumer Protection Act of South Africa:

  1. Direct marketing cooling-off period

Definition of Direct Marketing

  • Where a supplier, either in person, by post, or electronically communicates with a person for the purpose of advertising their goods for sales, services available, or to request a donation,
  • A person can be approached electronically by means of telephone, fax, email, SMS, wireless computer access, or any other form of technology.

According to Section 16 of the Consumer Protection Act, if a customer buys an item because of direct marketing, then for a period of 5 days after receiving the item the customer can do the following:

  • Return the goods,
  • Cancel the entire contract without penalty (if applicable),
  • Receive a full refund.

The customer however must submit a notification of return or cancellation within the 5 days, and it needs to be in writing and delivered to the supplier by hand, fax, email, or registered mail.

The supplier has 15 days from receiving the notice of termination (if contract) or receiving the returned items, to refund the customer.

Supplier protection:

  • The customer will be liable for the cost of returning the items to the supplier,
  • The supplier may charge for the use of goods if the goods sold have been used,
  • The supplier may charge for restoration costs, such as if the item or packaging has been damaged.
  1. Goods not seen before purchase

According to Section 20 of the Consumer Protection Act, if a customer has not had the opportunity to examine or inspect the actual goods received before purchase, they are entitled to inspect the goods on delivery.

If on this inspection they find any of the following:

  • The goods do not meet the type or quantity they could reasonably expect from the agreement, or
  • If the goods were made in terms of a special or custom order, and the goods do not reasonably conform to the specification supplied by the customer upon order.

The customer then has the following rights:

  • The customer can refuse delivery,
  • Receive a full refund,
  • Cancel the order or contract without penalty.

The customer however must submit a notification of return or cancellation within the 5 days, and it needs to be in writing and delivered to the supplier by hand, fax, email, or registered mail.

The supplier has 15 days from receiving the notice of termination (if contract) or receiving the returned items, to refund the customer.

The following conditions apply to the return of these items:

  • The supplier will be liable for the cost of returning the items,
  • The supplier may charge for the use of items if the items sold have been used,
  • The supplier may charge for restoration costs, such as if the item or packaging has been damaged.
  1. Goods do not meet a particular purpose

According to Section 55(3) of the Consumer Protection Act, if a customer informs a supplier that the items are being bought to fulfil a particular purpose and the supplier advises that it will meet that particular purpose, then within 10 days of receiving the goods the customer may:

  • Return the items if not suitable for the purpose they specified,
  • Cancel the contract without any fear of penalty.

The customer however must submit a notification of return or cancellation within the 5 days, and it needs to be in writing and delivered to the supplier by hand, fax, email, or registered mail.

The supplier has 15 days from receiving the notice of termination (if contract) or receiving the returned items, to refund the customer.

The following conditions apply to the return of the items:

  • The supplier will be liable for the cost of returning the items,
  • The supplier may charge for the use of goods if the goods sold have been used,
  • The supplier may charge for restoration costs, such as if the item or packaging has been damaged.

Despite the above, the customer is not entitled to return the items if:

  • Regulation prohibits the return of the items to a supplier once they have been supplied to a customer for reason of public health or safety,
  • After having been delivered to the customer, the items have been partially or entirely disassembled, altered, added, or combined with any other items or property.
  1. Implied warranty of quality

According to Section 56 of the Consumer Protection Act, all items sold to a customer are sold with an implied warranty of quality that cannot be contracted out of or revoked by the supplier.

The warranty gives the customer the right to receive goods that:

  • Are reasonably suited for the purpose that they are intended to be used for,
  • Are of good quality, free of defects, and in good working order,
  • Are durable and usable for a reasonable period.

If any items are found not to comply with these requirements, then for up to 6 months after receiving the goods, the consumer can:

  • Return the goods,
  • Get the items replaced,
  • Get the items repaired.

However, the customer will not be able to return the items because it was defective or not suitable for the purpose intended if:

  • The customer was made aware of the specific defects (each defect needs to be specified),
  • The customer agreed to receive the items in the condition specified.

It is important to note that the Consumer Protection Act does not recognise “voetstoots” clauses in agreements and are therefore considered void.

The following conditions apply to the return of items:

  • The supplier will be liable for the cost of returning the items,
  • The supplier will be liable for the cost of repair and shipping back to the customer,
  • The supplier will be liable for the cost of replacement and shipping back to the customer.

Refunds, Replacements, and Repairs in terms of the Consumer Protection Act

Refunds according to the Consumer Protection Act mean that the customer must have the choice of how to receive any refund due to them.

A supplier may not force a refund to be an in-store voucher or credit to the value of the return.  If the customer requests a cash refund the supplier is required by law to give the customer a cash refund.

It is also important to note that the customer has the choice of a refund, repair or replacement, and unless otherwise specified in the Consumer Protection Act, the supplier is required by law to follow the instructions of the customer.

Online Sales

If you are selling items online, you need to take note that there are a few extra things you need to be aware of, such as the Electronic Communications and Transactions Act (ECT Act) applying to any online transaction.

The Electronic Communications and Transactions Act has its own consumer protection provisions.

It is important to note that the Electronic Communications and Transactions Act supersedes any provisions made in the Consumer Protection Act.

The provisions that you should take especially note of is the following terms that apply to the return of goods:

  • A general right to return items,
  • Have up to 7 days after delivery to notify the supplier,
  • Can return for any reason,
  • Any returns or cancellations are without penalty,
  • The customer is liable for the cost of returning the goods to the supplier.

These amendments apply directly to the following sections in the Consumer Protection Act:

  • Direct marketing cooling-off period – Section 16
  • Goods not seen before purchase – Section 20
  • Goods do not meet a particular purpose – Section 55(3)

Refund Policies

This Refund Policy is in line with the regulations as specified in the Consumer Protection Act and Electronic Communications and Transactions Act.

 

For your peace of mind

All products carry a 6-month warranty against manufacturing defects.

It’s our mission that all our customers are thrilled by each of their purchases. We’re happy to say that most of them are smiling from ear to ear. But we do encounter occasional problems.

When we do, we always go out of our way to make sure that you turn your frown upside down. Nothing matters more to us.

7-Day Unconditional Refund Guarantee for Unopened & Unused Items.

If you don’t want your item within 60 days of getting it, you’re free to get in touch with us about an exchange, return or refund.

Items MUST be returned in their original packaging, unused and unopened to qualify.

For exchanges due to a customer error or change of preference:
·        You will be responsible for booking and paying for the return courier service.
·        Cover the associated courier fee for the replacement item.
·        You also have the option to personally drop off or pick up your item at our warehouse during business hours. Our warehouse address is as follows: 679/681 Umgeni Road, Durban, South Africa
For exchanges due to our fault or product quality issues:
·        We handle and cover all return courier service costs.
·        Replacement is authorized and dispatched upon receipt and inspection of the returned, brand-new, and unused item.
For refunds due to a customer error or change of heart:
·        You will be responsible for booking and paying for the return courier service.
·        Cover the associated courier fee for the replacement item if applicable.
·        You also have the option to personally drop off or pick up your item at our warehouse during business hours. Our warehouse address is as follows: 679/681 Umgeni Road, Durban, South Africa
For refunds due to our fault or product quality issues:
·        We cover all return courier service costs.
·        Refund payment is initiated upon receipt and inspection of the returned, brand-new, and unused item.
(Refund to your credit card: Max 10 working days)
(Refund to your bank account: Max 7 working days)

Conditions under which we won’t accept a return:

  1. Faults that arise from normal wear and tear
  2. Damage from negligent use, or abuse of the item
  3. Damage arising from lack of care.
  4. Damage from electrical surges
  5. Sea-Air corrosion damage
  6. Alterations to this product have caused issues.

 Preparing your product(s) for return

To process your return as quickly as possible, please follow these steps:

  1. Package them safely so that they are secure during transit back to us.
  2. Clearly mark your return with the return number you’ve been given.
  3. Add our returns address.

Special Note on Returns & Warranty Claims from Takealot purchases:

If you placed an order for one of our products through Takealot, then the return must be to Takealot, along with the replacement order (We can not process returns on behalf of Takealot)

Exchanges & Refund Processing Time:

  • For exchanges, the processing time is around 2-6 business days upon receiving your item back. Depending on availability, you’ll get a quick swap.
  • For refunds, the processing time is also around 2-6 business days. After this, the time will depend on your payment method.

How long does the process take?

  • Wallet refunds take up to 24 hours to appear in your Killerdeals account.
  • Credit cards take 7-14 business days to appear in your account. This delay will depend on credit card companies and intermediaries.
  • For repairs, generally, it will take from 7-14 business days, depending on the item and the manufacturer’s stock of spare parts.
  • Contact a Killerdeals agent anytime to get a status update.

Sizing issues

In the apparel business, we’ve before noted slight size differences between brands and manufacturers. It’s important that you check the size chart and size conversion chart on the product before ordering it.

If we’ve shipped the wrong size by mistake, we’ll refund you in FULL or send you the correct-sized item (If you don’t completely hate us).

Please tell us the reason you’d like to return your product from below: