Returns Policy
1. Introduction:
1.1 This Returns Policy:
1.1.1 applies to Registered Users who have purchased Goods through SmarTings (CC) (“SmarTings”);
1.1.2 forms part of the SmarTings Website Terms and Conditions (“the Terms and Conditions”) and accordingly words defined in the Terms and Conditions shall have the same meaning in this Policy, unless the context indicates otherwise;
1.2 Goods sold on the Website generally carry the applicable supplier or manufacturers warranties (if any). In circumstances where the Goods are not manufactured by SmarTings, SmarTings’ liability shall in no circumstances extend beyond any corresponding liability of the manufacturer or supplier of such Goods to SmarTings.
1.3 Subject to the provisions of the Consumer Protection Act, 68 of 2008 (“CPA”) and / or any other applicable law, all Goods sold to the User shall be regarded as having been sold as is, without warranty against latent defects;
1.4 The lifespan of Goods sold by SmarTings, which is indicated on SmarTings’ packaging from time to time, is an approximate estimate only and the warranty period relating to such Goods shall be the applicable period for the purposes of any claim by the User.
1.5 The User shall be entitled to return Goods to SmarTings where it is legally entitled to do so under the provisions of the Consumer Protection Act, 68 of 2008 (“CPA”) or the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”).
1.6 If a refund has been authorised and processed, kindly allow up to 30 days for the money to reflect in your bank account.
2. Your Right to Return Goods in terms of ECTA
2.1 In terms of section 44 of ECTA you have the right to cancel any electronic transaction for the supply of Goods within seven days after the date of receipt of the Goods and to obtain a full refund for those Goods within 30 days of the date of cancellation.
2.2 Where the Goods have already been delivered to you, you will be liable for the direct cost of returning the goods to us (which cost shall include a handling fee of up to 25%).
2.3 In order to obtain a refund, subject to any set-off in terms of 2.2 above, you are required to:
2.3.1 provide SmarTings, within 7 days of receiving the Goods , with your written notice of cancellation by making contact with SmarTings via phone or email ;
2.3.2 return the Goods to SmarTings, at your own cost. In the event that SmarTings arranges for the return of the Goods, the cost of such return, together with the handling charge, shall be set off by SmarTings against the refund of the purchase price;
2.3.3 ensure that the Goods returned are new, unused, in their original packaging, undamaged and in a saleable condition.
2.4 SmarTings reserves its right to refuse to accept the return of Goods if any of the conditions which are set out in 2.3 above are not complied with by the User.
3. Your right to return Goods in terms of the CPA
3.1 In terms of the CPA, all Goods sold to Consumers (as defined in the CPA) shall carry a 6 month warranty against defects.
3.2 Accordingly, in the event that Goods which are sold to Users (who are “Consumers” for the purposes of the CPA) are found to be defective within 6 months from the date of delivery of the Goods to the User [or within such longer period as may apply in terms of an extended supplier warranty relating to the Good (if any)], the User shall be entitled to return the Goods to SmarTings and to demand the repair of the Goods or the replacement of the Goods or a refund on the condition that:
3.2.1 the User informs SmarTings of the defect, through the Website’s Returns page, as soon as reasonably possible after the User becomes aware of the defect, but in any event within 6 months after delivery / collection of the Goods (except in the case of an extended supplier warranty, which is set out below);
3.2.2 the User, at its own expense, returns the Goods to SmarTings within the warranty period together with all accessories and parts that were sold with the defective item;
3.2.3 SmarTings is afforded the opportunity to inspect and / or test the Goods so as to validate the return. If it is determined that:
3.2.3.1 the Goods are indeed defective, SmarTings shall, inter alia, refund the User the delivery charges incurred for the return of the Goods;
3.2.3.2 the returned Goods are not defective, then a handling fee will be charged by SmarTings. Users will be notified of the aforesaid and asked how they want the Goods returned to them in this instance. On the day the User is notified, he/she will have fourteen days to inform SmarTings how they want the Goods returned to them. In the event of the User not reverting to SmarTings within the fourteen days, SmarTings shall dispose of the Goods and no credit will be issued.
3.3 The following shall not be regarded as “defects” in the Goods:
3.3.1 Faults resulting from normal wear and tear;
3.3.2 damage arising from negligence, user abuse or incorrect usage of the Goods;
3.3.3 damage arising from electrical surges or sea air corrosion;
3.3.4 damage arising from a failure to adequately care for the Goods;
3.3.5 damage arising from unauthorized alterations to the Goods; and
3.3.6 where the specifications of the Goods, although accurately described on the Website and generally fit for its intended purpose, does not suit you.
3.4 Where there is no extended supplier warranty period, SmarTings shall not agree to returns that fall outside of the 6 month period.
4. Incorrect Goods delivered
4.1 The onus rests on the User to ensure that the Goods ordered are appropriate for their intended use and / or purpose.
4.2 In the event that incorrect Goods are delivered to the User (ie: Goods that were not ordered by the User), the User shall immediately notify SmarTings , through the Website’s Returns page, of the error. The User shall not remove the Goods from their packaging or use the Goods in any way.
4.3 SmarTings shall arrange the collection of the incorrectly supplied Goods from the User and shall deliver the correct Goods (as initially ordered by the User) to the User as quickly as possible.
4.4 Under no circumstances shall SmarTings be held liable for any damages, of any nature whatsoever, due to late or delayed deliveries of the Goods ordered by the User.
6. Goods damaged on delivery
While SmarTings prides itself on working with a reputable courier company, SmarTings does not accept any liability Goods damaged or that are missing any parts or accessories at the time of delivery / collection. However, should this have happened, the User must please notify SmarTings, via phone or email, within 2 days of such delivery / collection. SmarTings shall endeavor to rectify damaged Goods or Goods with Missing parts with the courier company, however we cannot guarantee a positive outcome.
7. SmarTings Returns Policy Explained
Returns Procedure
If the case of a return, please phone or email us and have the following information handy:
Your First Name
Last Name
Order Date
Order ID/Order Number
E-Mail address
Telephone Number
Product Information and Reason for Return
Specify whether the Goods have been opened
Your Return will be processed and SmarTings will send you a response with instructions on how to return the Goods.
NOTE:
When shipping returned Goods back to SmarTings, keep a record of the tracking number. In the Event that we do not show the item as received, we may require a “proof of delivery” to assist in locating your return.
Once we have received the Goods, we shall place a notify you that your Return has been received.
Our technicians will inspect the Goods for any alleged defects and depending on the type of Return Action you chose and provided that the Good(s) are cleared by our technicians for return, we will then process your Return and notify you of your repaired Goods shipment or replacement via tracking number and/or any applicable refund.
