Online Shopping Terms & Conditions

Modified on Fri, 24 May 2024 at 04:11 PM

DEFINITIONS


"app" refers to a mobile application which runs on a mobile phone, tablet, watch or other mobile device.

"Online shoppers" refers to our customers who buy goods from us online using an app or over the internet using a web browser.


"we", "us", "our" and “TFG” refers to Foschini Retail Group (Pty) Ltd.


"Third party provider" refers to any one of the companies that we have teamed up with to sell you their goods on any of our websites or apps.


"you" refers to you, our customer, who buys from us online.



1. GENERAL


These are the terms and conditions that apply when you use one of our websites or apps to buy goods from us ("Online Shopping Terms"). The Online Shopping Terms must be read together with the terms and conditions that apply to the use of our websites and apps, the terms and conditions that apply to customers who buy on credit using their TFG store cards, the terms and conditions relating to delivery and returns as well the specific terms that apply to certain kinds of goods like cellular telephones. Those terms and conditions are incorporated into these terms by reference.


2. ACCEPTANCE


When you buy goods from us, you agree to and accept all our terms and conditions. You also agree that we and our third party providers may send invoices to you electronically.


3. YOUR ONLINE PROFILE AND PERSONAL INFORMATION


3.1 When you register as an online shopper, you will have to create an online profile. This includes selecting a username and password. You will be asked for your credentials (your username and password) every time that you shop online with us. It is your responsibility to keep your credentials private and secure and not share them with anyone. Only authorised users may access their online profile with their credentials. We accept no liability for any damages or losses that you may suffer from the unauthorised use of your profile.


3.2 When you shop our goods online using one of our websites or apps, you give us your consent to collect and process your personal information, which we have to do in order to (for example) create and manage your account, process your payment, fulfil your order, communicate with you and deliver your goods. If you do not want us to collect and process your personal information, you should not register as an online shopper or shop with us online, as we will not be able to provide you with goods or services. Please refer to our Privacy Statement for more information on how we process, share and protect your personal information and your rights regarding your personal information.


4. GOODS AND PRICING


4.1 Goods subject to availability: All goods displayed on our website are subject to availability. If any goods you ordered are not immediately available or are not available at all, we will let you know as soon as possible. Goods are only available for delivery in South Africa.


4.2 Price: The stated prices on our website are in South African Rand and are only valid and effective in South Africa.


4.3 Display: We will use our best efforts to accurately display the goods, specifically regarding their colour, description and price. Please remember however that the way you see the goods is also dependent on the device that you are using to access our websites or apps. We cannot guarantee that the goods you receive will look exactly as you have seen it.


4.4 Order completion: We will indicate the acceptance of your order by delivering the goods to you, or allowing you to collect it. Only at that point will your order be complete and an agreement of sale between you and us come into effect (the "Sale"). This is regardless of any communication from us stating that your order or payment has been confirmed. We will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amounts already paid. Adding goods to a wish list or placing it in an online shopping cart/bag without completing the purchase process ("checking out") does not constitute a valid order, so we may remove the goods from your online bag/cart if stock is no longer available and change the price of the goods without notice to you. You cannot hold us or any third party seller liable if the goods are no longer available, or the price has changed when you check out or try to check out at a later stage.


4.5 Order cancellation by us: We reserve the right to not process an order or to cancel an existing order (partially or completely):

    4.5.1 If you have gone under debt review before your order is fulfilled;

    4.5.2 If, on any of our websites or apps, we suspect that you have, or have tried to: abuse the website/app; intercept data; commit fraud; hack into our systems; or create multiple user profiles to take advantage of a promotion or other offer intended by us to be used once-off by you. We will also be entitled to blacklist you on our database, delete your profile and suspend or terminate your access to our websites and apps (in which case we accept no liability which may arise); and

    4.5.3 If there has been an error. Errors include system errors, the goods no longer being available, incorrect price, quantity or description of the goods. We will not be bound by errors and we will inform you of such errors as soon as we become aware of them.

    4.5.4 If cancellation of an order is initiated by us, no cancellation fees will be payable. We will refund you the Rand value that you have paid, only if you have already paid for the cancelled order. We will not be liable for any loss or claim relating to a cancelled order or refusal to process an order. We are not bound by any incorrect information about goods that are on our third party providers' websites.


5. DELIVERY, COLLECTION AND STORAGE


5.1 Delivery fee: We will charge a delivery fee for every order you place, which will be quoted and billed at checkout. The delivery options presented to you in checkout are dependent on your cart contents and delivery address.


5.2 Additional delivery charges: Additional delivery charges (which will vary, depending on your delivery address) may apply to outlying areas, as well as the delivery of furniture. Delivery fees may change at any time without notice to you. The delivery fee and any additional charges applicable to your order will be communicated to you and must be paid when you place an order.


5.3 Delivery terms: We will arrange for delivery to the delivery address or click and collect point specified during checkout. Deliveries are confined to South Africa. Fulfilment is subject to product availability and receipt of accurate delivery information. Responsibility for loss or unauthorised use of goods shifts to the customer upon delivery or collection. We are not accountable for any subsequent loss, damage or unauthorised use of the goods once the goods have been delivered or collected.


5.4 Delivery period: We will do what is reasonably possible (but cannot guarantee that we will be able) to ensure that delivery happens within the approximate timeline indicated at checkout. Our couriers deliver between from 09h00 to 17h00 on weekdays, excluding public holidays. Our ability to deliver is subject to certain factors, including the availability of the goods and the supply of accurate delivery address details. We will try to deliver all the goods in your order at the same time, but goods may be sourced from multiple stores or fulfilment centres and may arrive in multiple packages. If there are any delivery-related problems that cause unreasonable delays, you may refuse to accept delivery and we will refund you the Rand value that you have paid. 


5.5 Documentation: On delivery of your order, you will receive care instructions (if applicable), a delivery note and a returns form. You will receive additional documentation, terms and conditions for mobile devices and certain other electronic devices. You will receive a diamond certificate for jewellery containing a diamond that is 0.50ct or larger. Valuation certificates are provided on request for jewellery items to the value of R10 000 or more.


5.6 Access to the delivery location: You must ensure that we can access the place of delivery, and that the location is cleared for the goods to be delivered. We can only deliver the goods if it can fit into lifts, on staircases, through passages and through doors at the delivery address. We do not hoist goods onto balconies. Our delivery crew is not permitted to rearrange your furniture, clear areas in preparation for the delivery or remove unwanted goods from the premises. Please do not tip or pay our delivery crew members.


5.7 Stock availability: We cannot guarantee the availability of stock, but will use reasonable efforts to ensure that stock is available. We will notify you when goods are no longer available after you have placed an order. We will refund you the Rand value for the goods you have purchased. We rely on the information provided to us by our third party providers regarding the availability of their stock. We are not liable for any inaccuracies in the information supplied to us. Please contact our Bash Support Team or the relevant third party provider if you have any stock-related queries.


5.8 Assembling goods: We deliver assembled goods (if applicable), or you can choose whether you want us to assemble the goods for you at your delivery address (outlying areas excluded). If you require us to assemble the goods later than the delivery date, we will charge you a call-out fee, which must be paid in advance. We are not liable for any damage to goods, missing parts or personal injury you or anyone else may suffer if you assemble the goods yourself. We will not accept return of goods, nor will we replace goods that were damaged when you assembled it. Furniture delivered will be unwrapped on site and the packing and wrapping material removed unless requested otherwise. It is your responsibility to remove all items of value from the delivery site and that your pets and small children are secured in a safe location away from the delivery site. We do not take responsibility for any items claimed to be missing or any breakages during or following a delivery. In the event that we have to make use of a third party delivery service provider (for example, if the delivery address is in an outlying area which is more than 100km from our nearest distribution centre), the goods will not be assembled at the delivery location - it will either be delivered assembled, or we will arrange to assemble it at a later date.


5.9 Accepting your delivery: If you are unable to accept the goods yourself, please ensure that you or your authorised representative are available at the delivery address. If anyone else accepts delivery of the goods at the delivery address, they are presumed to be authorised to accept the goods on your behalf. On delivery we will require that you or your authorised representative sign for the goods, write down your or their name and produce a form of identification (for example, an original ID or driver's licence). This is to confirm that the goods have been received. If no one is at the delivery address to accept delivery, we will contact you to arrange an alternative time. You will be charged additional delivery charges if we cannot deliver the goods to you due to access problems or if you are not available when we deliver the goods. If we are unable to deliver the goods to you after three attempts, or should we deem it appropriate under the circumstances, we reserve the right to cancel your order, deduct charges we have incurred for failed deliveries or additional storage, and refund the balance due to you.


5.10 Inspecting the goods: You must inspect the goods when they are delivered to you. If you are satisfied that the goods are in good condition and not damaged, you or your representative must sign the delivery slip, which will be proof that the goods have been delivered in a good, undamaged condition. If the goods are damaged in any way, you must note the reason for rejecting the goods and the nature of the damage on the delivery slip, notify us immediately and not accept delivery of the goods. If you do not note the reason for rejecting the goods and the nature of the damage on the delivery slip, we are entitled to regard the goods as if they were in good condition and not damaged when delivered to you.


5.11 Courier: We sometimes make use of courier services to deliver the goods to you. We are not be liable for any damage suffered or any losses incurred arising out of any act or omission by the courier, its directors, employees, sub-contractors, agents or representatives. By shopping with us online, you agree that we may share your personal information with our couriers so they can deliver your goods to you. Please refer to our Privacy Statement for more information.


5.12 Collection: TFG offers collection of non-furniture items from certain TFG stores, which will be presented to you during checkout. Furniture items may be collected from a distribution centre.  

    5.12.1 General Collection Terms: An OTP will be sent to you for collecting goods at a TFG store. Present the OTP at the time of collection as proof of receiving the goods in good condition.

    5.12.2 Specific Terms for Furniture: You'll be notified when furniture is ready for collection. Collection details (including the date, time and name of the person who will collect the goods) and assembly preference(s) must be confirmed at least two working days before collection. The collector needs the original order confirmation and proof of purchase. The collector must inspect and sign for the goods upon collection to certify their condition.

    5.12.3 You accept full responsibility for the goods once they leave our store or distribution centre and we will not be held liable for any loss or damage to the goods, whether you, your representative or a third party transporter collected the goods.


5.13 Storage of furniture: On request, furniture can be stored for free for 14 days from the date of purchase. We are not responsible for any loss or damage after the 14 day storage period has expired. If you need the goods to be stored for longer than 14 days, you must contact us in order to make alternative arrangements. If you arrange to store the goods at our distribution centres after the free storage period has expired, we will only store the goods for a further 14 days at a cost of R100.00 (One Hundred Rand) per item per day. If you fail to make the necessary arrangements or we cannot successfully deliver the goods to you after the expiry of the second 14-day period, we reserve the right to cancel your order, deduct any storage or delivery charges and then refund any balance due to you.


5.14 Goods purchased from third party providers: For delivery of any goods purchased from one of our third party providers, please note that the specific third party provider's terms and conditions will apply. Please refer to the third party provider's website, or contact our Bash Support Team for more information.


6. RETURNS, REFUNDS AND GENERAL WARRANTIES


6.1 If you are unhappy with your purchase for any reason (other than if it is defective) and wish to return it, you may do so within 30 (thirty) days of the date that it is delivered to you or collected by you. The goods must be unused, in its original condition and (where applicable) packaging and you must have the invoice, the delivery note or returns form, original certificate, instructions and unused accessories. If you received the goods as a gift, the delivery note or returns form is still required. You cannot return goods if its price tag has been removed, it has been taken apart, has been permanently installed, is attached or joined to other goods or property at the delivery address, or reasons of public health do not allow its return. For hygiene reasons we do not accept return of underwear, lingerie, swimwear, socks, hosiery, bodysuits, toiletries, cosmetics, edible goods, earrings or any other jewellery used for piercings. You will also not be entitled to a refund or exchange of gift cards, special order goods or goods that have been personalised, resized, engraved, altered repaired or updated.


6.2 Incorrect items delivered: Should we accidentally deliver the wrong goods to you, or if the goods are not as described on our website or app, or the goods are missing any parts:


Please do not remove any of the stickers or labels, or remove the goods from its original packaging. Notify us immediately and we will collect the goods from you (American Swiss and Sterns goods excluded) at no charge and issue you with a refund (using the same method of payment you originally used for the purchase). If you purchased the goods online from American Swiss or Sterns, please bring the goods to an American Swiss or Sterns store for processing.


6.3 You may return the goods at no additional charge to any TFG store from which the goods originate (for example, Totalsports goods must be returned to any Totalsports store) with the invoice, delivery note or returns form (any goods listed as “sold by Galaxy” and goods listed as “sold by Bash” are excluded and can only be returned via courier, refer to point 6.4 below). You can also contact our Bash Support Team and we will arrange for a courier to collect the goods (American Swiss and Sterns goods excluded) within 3-10 working days. If you are returning goods via courier, you will have to complete the returns form, specifying the reason why you are returning the goods. You must also pack the goods into the original packaging. If you are returning goods that are not defective via courier, you will be charged a collection fee.


6.4 You must bring your goods purchased online from American Swiss or Sterns to an American Swiss or Sterns store to request a return or exchange - we are not able to collect these goods from you. TVs, goods listed as “sold by Galaxy” and goods listed as “sold by Bash” may only be returned via courier, booked through Bash Support Team. Refunds and exchanges are subject to an assessment by our quality assurance team. Goods listed as “sold by Bash” may not be returned to any TFG store or brand standalone store from which the items originated e.g. Aldo products sold on Bash may not be returned to a Foschini or Aldo store.


6.5 We will refund you in full, minus delivery charges (if applicable), if you meet all the requirements above. If you have received the goods as a gift or if you do not have the original delivery note, invoice or returns form, a refund is not available to you and we will in our sole and absolute discretion decide whether to allow you to exchange the item for goods of the same value (you will not receive the balance in any form if you exchange the goods for other goods of a lower value) in the store where the goods originated, or for a gift card at current price, minus any current promotional discount.


6.6 If goods are faulty or defective and do not have a specific warranty or guarantee, you may return them within 6 (six) months (or for furniture returns, within 12 months) from the date of purchase, provided that the goods have been used for their intended purpose and they have been cared for according to any instructions that accompanied the goods.


We may in certain instances require an assessment of the goods and require you to pay us an assessment fee before we do an assessment. If, after we have assessed the goods, we find that the goods are defective or that there are quality issues, we will refund your assessment fee and either repair the goods, replace the goods or refund you the value of the goods in the same way that you paid for the goods. However, if we discover in our assessment that:


    6.6.1 you have not adhered to the use, maintenance and care instructions and weight-bearing guidelines of the goods;

    6.6.2 the goods were exposed to damp or water, placed in direct sunlight causing colour fading or changing, placed outside (unless specified as outdoor furniture), placed too close to a heat source such as fireplaces, heaters and braais, or that deterioration was caused by the goods' immediate environment such as coastal air and extreme humidity;

    6.6.3 the damage to electrical or electronic goods was caused by an electrical surge; or

    6.6.4 the goods are not defective or not affected by quality issues,
we will refuse to refund you or accept return of these goods. Longer warranty periods apply to certain goods, for example select furniture items. Please refer to the product page for more information.

6.7 Our goods, which include homeware, furniture and appliances, are intended for use in an ordinary residential or domestic environment only and are not fit for any commercial or industrial use. Should you use our goods in a commercial or industrial environment, you do so entirely at your own risk, as our normal guarantees and warranties will not apply under these circumstances.


6.8 Every leather and solid wood product is unique and might have markings, small cracks and live edges which form part of the characteristics of the product. These natural characteristics will not be regarded as defects.


6.9 Separate policies exist for jewellery, special order goods, mobile devices, tablets, laptops, electronic devices, electronic device accessories, spare parts and certain brands of appliances, which have a separate manufacturer's warranty as listed on the product page. Please refer to the merchandise specific terms and conditions.


6.10 For returns and exchanges of goods purchased from any of our third party providers, please note that the specific third party provider's terms and conditions will apply, so please refer to their website or contact our Bash Support Team for more information.


6.11 The diamonds in jewellery sold by us do not fund violence. We support the Kimberley Process, which is an international process that ensures trade in diamonds does not fund violence.


7. IF YOU WANT TO CANCEL YOUR ORDER


We cannot cancel any order once it has been paid. We can only process refunds once we have confirmed that the goods have been returned to our distribution centres. Please refer to our returns policy for more information. Please refer to the Special Orders tab for terms and conditions that apply to personalised and special order goods. Please contact our Bash Support Team if you have any queries regarding cancellation.


8. PAYMENT


8.1 We take reasonable steps to secure your payment information and we use a payment system that is sufficiently secure, with reference to accepted technological standards at the time of the transaction and the type of the transaction concerned. Transacting with us electronically (including transacting on our websites and apps using your credit card details) is safe and secure.


8.2 If you are paying by credit card, the total cost of the order will immediately be debited to your account, if your order is not fulfilled or is cancelled by TFG then it will result in a refund. If your order will be delivered in more than one batch, we will take full payment at the first shipment. We will also take full payment immediately if the delivery date is 14 days or more into the future. If you split payment for an order between your store account and credit card, the credit card amount will be processed as a payment on your store account. When you submit your order, you warrant that you are authorised to use the card and that there are sufficient funds to pay for the order. You consent to our use of the services of reputable and secure third party payment service providers in order to process credit card transactions and acknowledge that doing so necessitates the disclosure of your credit card information when you make a purchase.


8.3 If you are paying with your TFG store card, the total cost of the order will be reserved from your account & once your order is packed, payment will be finalised.


8.4 In the event that you return goods (excluding goods from American Swiss and Sterns), it will take up to 10 working days after return of goods to process a refund and for it to reflect on your account.


9. SPECIFIC TERMS FOR TVs, CELLULAR TELEPHONES, TABLETS, COMPUTERS AND LAPTOPS


These are the specific terms that apply to cellular telephones, tablets, computers and laptops and other electronic goods. They must be read together with the general terms that apply to returns, refunds, exchanges and cancellations contained in our Online Shopping Terms and Conditions. Cellular telephones, tablets, computers and laptops may not be returned unless permitted by law and in accordance with these merchandise specific terms.


9.1 Cellular handsets out of box failure


9.1.1 If your handset has a manufacturing fault and you communicate this to us within 7 (seven) calendar days of delivery (with the delivery date being day 1), your handset may be treated as an Out of Box Failure ("OBF"). The complete handset plus all original items and packaging can be returned for a possible exchange on the same model or a refund. We will first send your handset to a repair centre for a full report on the fault.


9.1.2 The handset must be in perfect physical condition for it to be considered for a replacement, or failing that, the normal warranty terms will apply.


9.1.3 If you experience any faults or defects within the remaining warranty period, the complete unit can be returned for repairs.


9.1.4 Software defects or upgrades are not considered a defect in order to qualify for a return.


9.2 Warranty on cellular handsets, tablets, computers and laptops


9.2.1 Your cellular telephone, laptop, computer or electronic device will have a 12 or 24 month warranty. The warranty period is displayed with the goods.


9.2.2 The warranty is only binding if the device is handled appropriately and for its intended purpose, in accordance with the operating instructions and upon presentation of your proof of purchase.


9.2.3 The warranty will not apply, meaning you will be charged for repairs, if:


    9.2.3.1 The model production or serial number on the device has been altered, deleted, removed or made illegible;

    9.2.3.2 Repairs or product modifications and alterations have been made by service providers who have not been authorised by us.

    9.2.3.3 Damage is caused by accidents including but not limited to lightning, liquid, fire, misuse or neglect;

    9.2.3.4 The proof of purchase has been altered in any way or made illegible.

9.3 Software


Software is not covered under the warranty.


9.4 RICA requirements


Please note that where delivery of a SIM card takes place, you are required to have your Green Bar-Coded ID book and proof of your residential address (like a bank statement, TV license, rates or Telkom account) with you that is not older than 3 months, when the courier deliver your SIM card. If you do not have the required documentation at hand, delivery of the SIM will not be able to take place as this is a legal requirement.


9.5 TVs


You must have a valid TV licence in order to purchase a TV.


10. GENERAL


We are entitled to amend these online shopping terms and conditions, at our sole discretion, from time to time, without notice to you.


[Version date: 04/10/2023]

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