Repairs, Valuations And Ring Sizing Terms & Conditions

“Repairs” include the following:

• sport equipment repairs
• appliance repairs
• furniture repairs
• watch repairs
• technical equipment (laptops, televisions etc) repairs
• shoe repairs
• eyewear repairs
• cellphone repairs
• jewellery repairs
• jewellery valuations
• ring resizing

ARE YOUR GOODS SUITABLE FOR REPAIR?

Repairs are only available in respect of certain goods and under certain circumstances. We will only repair goods that were purchased from one of our stores. Please go to any one of our stores of the same name brand as where you purchased your goods and speak to one of our store consultants to find out whether that specific store offers Repairs and whether your goods are suitable for a specific Repair (for example, you can go to any Sterns store to enquire about ring resizing, if you purchased your ring from Sterns). Make sure that you have your proof of purchase and proof of identification (ID book, ID card, passport or driver’s license) with you when you submit your Repair request.
If you provide us with your goods to Repair, you warrant that you:

• are the owner of the goods;
• are legally allowed to enter into an agreement with us (for example, you have reached the age of majority); and
• accept all risk and indemnify us against any claims, damage or loss that may arise from our temporary possession and Repair of the goods.

Defective items:

If, within six months after you purchased your goods, it is faulty or defective, you may return it to us, accompanied by the original, unaltered tax invoice, provided that the goods have been used for its intended purpose and has been cared for according to any instructions that accompanied the item. We may in certain instances require an assessment of the item and require you to pay us an assessment fee before we do an assessment. If, after we have assessed the item, we find that the item is defective or that there are quality issues, we will refund your assessment fee and either repair the item, replace the item or refund you the value of the item in the same way that you paid for the item. Separate policies exist for appliances, certain branded goods, technical equipment and cellphones, which will have a separate manufacturer’s warranty.

We will not provide you with a refund, accept return of the goods or repair your goods if we discover in our assessment that:

• The goods were subject to misuse, abuse or product modifications made by unauthorised third parties;
• The goods were not used for its intended purpose;
• Ordinary wear and tear is the result of the failure/flaw; and/or
• Where the model production or serial number on the goods has been altered, deleted, removed or made illegible.

If the goods are repaired by us and within 3 months after you have collected the repaired goods, the defect, failure or unsafe feature has not been remedied or a further defect is found, we will replace the goods or refund you in the same way that you have paid for the goods. This warranty applies in addition to any common law, public regulation, or warranty by a producer, importer, distributor or manufacturer.

In the event that you choose to have your goods repaired more than 6 months after the date that you purchased the goods, we reserve the right to charge a Repair fee.

PRICES, DEPOSITS AND QUOTATIONS

Once we receive your Repair enquiry, we will provide a complimentary price quotation with no obligation to accept.

Your quotation amount will either be communicated to you immediately upon request in the store, or in the event that the goods must be sent to our workshop for assessment, the quotation will be sent to you by email or SMS. You will have to accept the quotation before we will proceed with the Repair.

Repairs do not qualify for promotions or discounts.

If your Repair request is to have a ring resized, please confirm the correct ring size before we submit your request. We will only be able to accommodate resizing requests in very limited circumstances. Ability to resize a ring is determined by various factors, for example ring width, ring style, setting and metal type. If you do not know the correct ring size, our store consultants will assist you on request. If you request a size change after you have accepted our quotation, we will charge an additional change fee.

The fees charged for Repairs vary, depending on (for example) whether the goods are still under warranty, the availability of the spare parts, the condition of the goods, the materials that the goods are made of and the characteristics of the goods.

Quotations are valid for 7 business days from date of issue and are subject to change once this time period has expired.

Upon your approval of the quotation, payment of a specified amount or a deposit may be required in order to initiate the Repair:

• Cash/debit card/credit card/EFT payments for Repairs:
  A deposit may be charged. The deposit is payable upfront in cash, by means of your debit or credit card, or Electronic Funds Transfer (‘EFT’).
• Deposit amounts vary, depending on the nature of the Repair.
• If you paid your deposit by means of EFT, you must provide us with proof of payment from your bank.
• Your Repair will only be initiated once the funds reflect in our bank account.
• The deposit payment will be applied toward your final payment amount for your Repair and may not be applied toward any other purchase from us.
• Payments for Repairs made on your TFG account:
• Full payment of the total amount quoted for the Repair is required upfront, which will be debited to your TFG account. Payment of repairs may not be debited to a Big Buy Account.
• You may choose to pay for the Repair over 6 or 12 months.
• Should payment be debited to your TFG account, please note that the terms and conditions for TFG’s store cards will apply in addition to these Repair terms and conditions.
• Depending on the period of time it takes to repair your goods, you may be required to pay one or more installments which include a portion of the Repair cost, interest and fees (depending on your chosen payment plan), before you collect your goods.

COMPLETION AND COLLECTION

Our store consultants will give you an expected completion date for your Repair, or you will receive an expected completion date by email or SMS.

Most Repairs are completed within the time period that is communicated to customers, but unforeseen delays could occur. The expected completion date is only an estimate and any delays will be communicated to you wherever possible. We will not be liable for any direct, special or consequential losses or damages that result from completion delays.

We will notify you once your repaired goods are ready for collection, using the contact details that you provided us with. Please note that we do not deliver repaired goods.

You will have 90 days from the date that we sent the notification, to collect your repaired goods from the store that you indicated on this form. If you fail to collect the repaired goods within 90 days that we sent you the notification of completion, your goods will be deemed abandoned by you and we reserve the right to sell your goods to cover our costs of work done in respect of your goods, and/or the costs of safekeeping of your goods. In the event that your goods are sold by us as set out above, you expressly indemnify us and waive any claims for loss or damage incurred as a result, whether directly or indirectly of your goods being sold.

You must inspect your repaired goods upon collection. You will be required to sign confirmation of collection if the Repair meets your expectations in terms of look and quality. This will be proof that the repaired goods have been collected in a satisfactory condition.

If you have paid a deposit for your Repair, you will have to pay the full balance due upon collection of your Repair, after you have inspected the goods and signed confirmation of collection. Payment can be made in cash, EFT, by means of your debit or credit card, or it can be debited to your TFG account. If you choose to pay the balance due by means of EFT, you must do so at least 3 business days before you collect the goods (so we can ensure that the funds reflect in our bank account) and provide us with proof of payment from your bank upon collection.

CANCELLATIONS, RETURNS AND EXCHANGES

In the event that you:

• cancel your Repair after you have accepted our quotation, but before collection; or
• wish to return your repaired goods,
• you will not be entitled to a refund, exchange, credit, or further repair, unless the item is defective.

LIABILITY AND INDEMNITIES

In addition to the indemnity contained in C(4) above, you acknowledge and agree that:

• We shall at all times exercise reasonable care when taking possession of your goods, however you expressly acknowledge and confirm that you accept all risk of possession, damage or loss of whatever nature and howsoever arising to any of your goods, including but not limited to any damage (whether direct and consequential) caused by any act or omission on the part of us, our employees, agents, sub-contractors, technicians or any other party, including but not limited to it being caused as a result of negligence or otherwise.
• It is your sole responsibility to comprehensively and suitably insure your goods which are handed to us for any purpose whatsoever against any loss, theft, damage or any other insurable event, irrespective whether such insurable event occurs at our premises or those of our sub-contractors, agents, technicians and any other party; or during transit to and from our premises or that of our sub-contractors, agents, technicians and any party who handles the item at our request in the ordinary course of business. You will ensure that it complies at all times with the terms of conditions as may be contained in your insurance policy document and shall under no circumstances attempt to assign such responsibility or obligation to us.
• We do not acknowledge, confirm or make any statement regarding the supposed identity, quality, size, colour and/or any other characteristics of your goods, unless expressly recorded and stated to the contrary and in writing on our official stationery and signed off by one of our authorised representatives.
• In certain instances where repair work or resizing is performed on goods, or where the goods are exposed to certain mechanical and/or chemical processes and/or heat sources as are reasonably required to achieve the desired outcome, there is a real risk that such goods or its components may break, crack, become discoloured or reduced in size and appearance or otherwise damaged, which may affect the characteristics or the value of the goods. While we take the utmost care to avoid or limit such eventualities, you expressly indemnify us against, and waive any claims for loss or damage incurred as a result, whether directly or indirectly of such damage or change in characteristics of your goods.
• We shall exercise all reasonable diligence and care when requested to provide you with a valuation and opinion as to the value, identification or certification of your goods, as we use industry-recognised measurements, tools and identifiers. However, such which opinion shared with you shall remain and be regarded as confidential. Accordingly we cannot assume any liability whatsoever and you hereby indemnify us against and waive any claims for loss or damages incurred, whether directly or indirectly, suffered as a consequence of relying on any opinion, certification or valuation provided at your request, where such opinion, certification or valuation contains any factual inaccuracies, errors or inaccurate information.

PERSONAL INFORMATION

This clause must be read with TFG’s Privacy Statement which can be found at www.bash.com . You agree that:

• We may collect and retain your personal information (“PI”) for the purposes of registering, managing and completing your Repair and verifying your identity and to collect payment from you.
  We may make any enquiry to confirm and verify any information provided by you to us at any stage.
  You will give us honest, accurate and up-to-date PI and maintain and update such information where necessary.
• We may maintain your PI for as long as we need to by law in order to complete your Repair.
  You have the right to access your PI held by us, during office hours within a reasonable time after we have received such a written request for access (see contact details below the heading).
• You have the right to request us to correct or delete your PI that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully.
• You have the right to object to the processing of your PI at any time, in which event we will no longer be able to repair your goods, and the Repair will be cancelled (see part D above).
• We may share your PI with other companies to share positive and negative information about you, including any non-compliance with these Terms; payment processing service providers, merchants and banks and other persons that assist with the processing of your Repair fees; law enforcement and fraud prevention agencies and other persons tasked with the prevention and prosecution of crime, including the SAFPS (the South African Fraud Prevention Services), to prevent identity fraud; regulatory authorities, industry ombudsmen, governmental departments, local and international tax authorities and other persons that we, in accordance with applicable laws, are required to share your PI with; our service providers, agents and sub-contractors that have been contracted by us; persons to whom we transfer our rights and obligations (for example, suppliers and repair service providers) or delegate our authority to in terms of these Terms, without your consent and without notice to you. In such an event the third party will then process your PI; and
  third parties for the express purpose of them marketing their services and products to you.
  You acknowledge and expressly consent that we may process your PI for purposes of:
  managing your Repair and enabling us, and any of our authorised representatives to fulfill our obligations under these Terms; us to detect fraud and criminal activities and to take the necessary measures to prevent any suspicious or fraudulent activity; assessing your purchasing information for: market and product analysis; customer analysis; monitoring your buying patterns to enrich your profile to enable us to improve our personalised marketing offers to you and generating statistical and research reports for TFG use. Should we produce such research or statistical reports for external use, these reports will not contain any PI that identifies you; and interacting with you via various means including but not limited to: telephonic, post, email, SMS, MMS and social media channels such as WhatsApp (“the Channels”).
• You have the right to lodge a complaint with the Information Regulator on +27 10 023 520014.
  Please refer to our privacy statement on www.bash.com for further details on how your PI is dealt with.

GENERAL

Please contact our Customer Services if there are any changes in the information you have given us (above), for example your contact information.

If we repair your goods, it does not mean that we will do so again in the future. We have the right to refuse to enter into any further agreements with you.

We may monitor and record all phone calls and other interactions with you.

WHO WE ARE AND HOW TO CONTACT US

“We”, “us” and “TFG” refer to any of the subsidiary companies of The Foschini Group Limited in each country where it trades, with the primary business address at Stanley Lewis Centre, 340 Voortrekker Road, Parow East, 7500, South Africa.

Customer Services contact number: (RSA) 0860 834 834  and non-RSA: +27 21 938 7096. Email: [email protected]

[Version date: 18.05.2022]