This returns policy (Returns Policy) forms part of the E-Commerce Customer Terms and the E-Commerce Designer Terms (collectively, the Website Terms) for the e-commerce platform owned and operated by African Fashion International Proprietary Limited (AFI, We, Us, Our).
Words in this Returns Policy have the same meaning as words defined in the Website Terms, unless the context indicates otherwise or a word is expressly defined in this Returns Policy. Nothing in these terms will affect Your legal rights.
This Returns Policy explains the terms and conditions on which You may return a Product purchased via the Website and any replacement or repaired Product provided pursuant to the terms of this Returns Policy.
By using this Website and submitting Your information to us, You agree to the processing of your information as contemplated in this Returns Policy.
- When You May Return a Product. Your right to return a product will depend on: (i) what You have bought; (ii) whether there is anything wrong with it; and (iii) how long after purchasing the Product You decide to return it.
- 1.1 If You have changed Your mind about the Product, see clause 2. You may have a right to return the Product and get Your money back if You are within the cooling-off period.
- 1.2 If the Product does not fit You, see clause 2.5. You may have a right to return the Product and get Your money back or request a different size if You are within the cooling-off period.
- 1.3 If the Product is defective, see clause 3. You may have a right to return the Product, or to get the Product repaired or replaced and get Your money back.
- 1.4 If the Product is damaged on delivery, see clause 3.3. You may have a right to return the Product or get the Product repaired or replaced and get Your money back.
2. Your Right to Change Your Mind
- 2.1 Your Right. In terms of the Electronic Communications and Transactions Act, 25 of 2002, for most products bought online, You have the right to change your mind and receive a refund after accepting delivery of the product.
- 2.2 When You Do Not Have a Right to Change Your Mind. Your right to change Your mind does not apply in relation to Products that:
- 2.2.1 have been adapted to Your specific requirements or specifications;
- 2.2.2 have been made specially for You or are clearly personalised for You;
- 2.2.3 by reason of their nature cannot be returned (such as underwear or earrings for pierced ears); or
- 2.2.4 are sealed for health protection or hygiene purposes, once these have been unsealed after You receive them (such as swimwear with detached hygiene strips).
- 2.3 We do not accept unwanted Products that have been worn or that no longer have their labels attached or that are no longer in “new” condition for sale to another Customer. Products must be returned in their original packaging and without any damage caused to them since delivery to You or Your nominee.
- 2.4 How Long Do You Have to Change to Your Mind? You have until 7 days from the day You (or someone You nominate) receives delivery of the Product to log a return in accordance with Our returns procedure described in clause 4 below (Our Returns Procedure).
- 2.5 If the Product Does Not Fit You. If You are unhappy with the way that the Product fits You, You may return or exchange the Product within 7 days from the day You (or someone you nominate) receives delivery of the Product by logging a return in accordance with Our Returns Procedure.
3. Your Rights in Relation to Defective Products
3.1 We are under a legal duty to supply safe, good quality goods that are free of any defects and that will be reasonably suitable for the purposes for which they are generally intended and that will be useable and durable for a reasonable period of time. A product that does not meet these standards due to a manufacture or design fault (and not due to inappropriate use) or that has been damaged before You receive it is a Defective Product.
3.2 Examples of Products that are not Defective include Products that:
- 3.2.1 have been damaged by use of the Product following delivery to You or Your nominee where such use is not regular or intended;
- 3.2.2 don’t fit, don’t suit You or that You have only changed your mind about;
- 3.2.3 are damaged due to failure to follow washing instructions or to properly care for the Product;
- 3.2.4 that have deteriorated due to normal wear and tear; or
- 3.2.5 have been replaced by a similar Product with a new and/or improved design.
However, this is not a complete list and We may ask You questions to determine if the Product is defective when you log a return, including: (i) how the Product has been used; (ii) when the defect arose; and/or (iii) a description and further details of the defect. We reserve the right to refuse to accept return of the Product on the basis that it is a Defective Product, if We reasonably determine that the Product is not a Defective Product.
3.3 Your Rights to Return a Defective Product. If You receive a Defective Product from Us, You may return the Product to Us and You may choose whether You would like Us to: (i) repair or replace the Product; or (ii) refund You the price You paid for the Product. If You are a customer located outside South Africa, We will also refund You any charges You paid for standard delivery to foreign customers, and we will supply the repaired or replaced Product to you free of charge.
3.4 How Long do You Have to Return a Defective Product? You have 7 days from the day You (or someone You nominate) receives delivery of the Defective Product to log a return in accordance with Our Returns Procedure.
4. Returns Procedure
- 4.1 You can log a return if You have changed Your mind or if you have received a Defective Product, by emailing Us at email@example.com. If You have changed Your mind outside the 7 day cooling off period for unwanted Products, You may only return the Product if it is a Defective Product. If you are returning a Defective Product, You will be required to provide Us with a description and images of the defect(s), and such additional information as We may reasonably request relating to the defect(s).
- 4.2 Who Pays for the Costs of Returning a Product? We pay for the costs of returning a Product, unless You are returning a Product that You have changed Your mind about after the 7 day cooling off period. However, if You have changed Your mind about the Product and You are located outside South Africa, We are entitled in our discretion to charge You the same amount as our charges for standard delivery to foreign customers for returning the unwanted Product to you. We will always pay the costs of returning Defective Products.
- 4.3 Who Pays for the Costs for Delivering a Replacement Product? We pay for the costs of delivering a repaired Defective Product or a replacement for a Defective Product. If You have requested a different size in accordance with clause 2.5, We may charge You standard delivery fees for delivery of a different size, but We will notify You of such charges before confirming Your delivery.
- 4.4 How We Will Refund You. If You are entitled to a refund under these terms We will refund You the price You paid for the Product, by the method You used for payment.
- 4.5 When Your Refund Will be Made. We will make any refunds due to You as soon as possible, but within 14 days from the day on which We receive the Product