[Please read the following Terms and make sure that you understand it and pay special attention to all the terms printed in bold.]
In these terms and conditions (“the Terms”), unless the context indicates the contrary:
1.1 “Lay-by” means the offering of a facility where we reserve goods, which you have chosen, in your name, while you pay for the goods over a period of time. We will hold on to the goods, until it is paid for in full, when we will release it to you for collection.
1.2 “TFG” means your counterparty to these Terms, being, as the case may be, either:
In South Africa: Foschini Retail Group (Pty) Ltd, Registration number 1988/007302/07 of Stanley Lewis Centre, 340 Voortrekker Road, Parow East, 7500, South Africa;
In Lesotho: Foschini (Lesotho) (Pty) Ltd, Registration number 1980/56 of Dolphin House, Annex 1/23, Motsoene Road, Maseru, Lesotho;
In Eswatini: Foschini (Swaziland) (Pty) Ltd, Registration number 117/1980 of 2nd Floor, Development House, Swazi Plaza, Mbabane, Eswatini;
In Namibia: Fashion Retailers (Pty) Ltd, Registration number 821 of 24 Orban Street, Klein Windhoek, Windhoek, Namibia;
In Botswana: Foschini (Botswana) (Pty) Ltd, Registration number BW00000469368 of Plot 50371, Fairground Office Park, Gaborone, Botswana;
In Zambia: Fashion Retailers (Zambia) Limited, Registration number 84431 of 1st Floor, Zimbabwe House, Haile Selassie Avenue, Longacres, Lusaka, Zambia;
In Ghana: The Foschini Group Ghana Limited, Registration number CS323952013 of 2nd Floor, Cedar House, 13 Samora Machel Road, Asylum Down, Accra, Ghana;
In Kenya: The Foschini Group Kenya Limited, Registration number CPR/2015/189517 of LR No 1/1228, 1st Floor, Chaka Place, Argwings Khodhek Road, Nairobi, Kenya.
1.3 “PI” means Personal Information as defined in the Protection of Personal Information Act 4 of 2013 ("POPIA") and "Process/Processing" has the same meaning assigned thereto in POPIA.
1.4 “We, us, our” means TFG, and where relevant, our affiliated companies (owned by The Foschini Group Limited).
1.5 “Websites” means https://www.mytfgworld.com or https://bash.com/
1.6 “You” and “your” means the person using the Lay-by facility, and thereby agreeing to these Terms.
2. Use of the Lay-by facility
2.1 When you choose goods to Lay-by, you will be required to pay a deposit on opening the Lay-by facility. The store staff will advise you of the amount of the deposit you are required to pay.
2.2 You must then make a minimum of one payment every month until the goods are paid for in full. You may decide to pay more frequently if you wish.
2.3 The maximum period for a Lay-by is 6 (six) months for jewellery, and 3 (three) months for all other goods.
2.4 Each monthly payment will be an equal share of the balance owing after the deposit is paid, and will be payable over the 3 (three) or 6 (six) month Lay-by period (whichever is relevant).
2.5 Cancellation Fee:
a. If you cancel the Lay-by before paying for the goods in full, we will charge you a cancellation fee of 1% of the Lay-by (“the Cancellation Fee”).
b. If you fail to pay for the goods in full within 60 (sixty) business days after the Lay-by completion date (the end of the 3 (three) or 6 (six) month Lay-by period) we will cancel the Lay-by and charge you the Cancellation Fee.
c. We will cancel the Lay-by if you fail to comply with the Terms.
2.6 In the event that the Lay-by is cancelled as per (a) – (c) above, you will be refunded any amount that you have paid towards the Lay-by, less the Cancellation Fee.
2.7 We will not charge you the Cancellation Fee if you do not complete the Lay-by due to your hospitalisation or death.
2.8 In the event that the goods that you have placed on Lay-by are lost, destroyed or damaged before they are paid for in full, we will cancel the Lay-by and refund any amount that you have paid towards the Lay-by.
2.9 We will give you notice by e-mail or SMS if we cancel the Lay-by.
2.10 No goods will be released to you for collection until the Lay-by has been paid in full.
2.11 Certain goods may not be reserved on Lay-by and certain TFG brands may not allow Lay-bys. The store staff will advise you of this.
3. Monthly statement and payment
3.1 We will send you a Lay-by statement each month by email or SMS, which will show:
a. all transactions relating to your Lay-by, including deposits and payments made;
b. the current payment due and the due date;
c. the Lay-by balance carried forward and the Lay-by end date.
3.2 It is your responsibility to check your statement. Unless you notify us in writing within 30 (thirty) days of the date of your statement of any errors on it, you will be deemed to be liable for the amounts reflected on it.
3.3 You must pay the full payment due by the end of the Lay-by period.
3.4 You may pay the payment due at any TFG store.
4. Your Personal Information (“PI”)
4.1 This clause must be read with TFG’s Privacy Statement which can be found at https://www.bash.com/customer-service/privacy .
4.2 How we may process your PI:
a. For as long as you have a Lay-by with us, you expressly agree that:
i. we may collect and retain your PI for the purposes of opening, managing, administering and maintaining your Lay-by and establishing, verifying your identity and to collect payment from you;
ii. we may make any enquiry to confirm and verify any information provided by you to us at any stage;
iii. you will give us honest, accurate and up-to-date PI and maintain and update such information where necessary;
iv. we may use your PI to conduct a credit bureau check for the potential purpose of offering you a TFG Money Account or a TFG Money Big Buy, if you do not already have one;
v. we may maintain and store your PI held by us for as long as we need to by law or for any lawful purpose provided for in POPIA;
vi. 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). Please also refer to our PAIA Manual available on the Websites for the process to request access to certain records which we may hold about you;
vii. 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;
viii. 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 manage your Lay-by, and it will be cancelled (see clause 2.5 above);
ix. you may be subject to a decision, which results in legal consequences for yourself or which affects you to a substantial degree, which is based solely on the basis of automated processing of your PI. You may make representations to us about a decision made in this regard; and
x. we may transfer your PI to a third party who is in a foreign country for purposes of opening or maintaining your Lay-by. We will endeavour to transfer your PI to countries which offer at least the same level of protection as POPIA and/or the transfer is in terms of an agreement which provides an adequate level of protection.
b. You expressly consent that we may share your PI with:
i. the South African Credit and Risk Reporting Association (SACRRA), any organisation representing credit bureau(x) and the Department of Home Affairs. We will share information concerning your Lay-by, these Terms and the termination thereof as well as information about your non-compliance with these Terms. You have the right to contact such institution to have the record(s) disclosed to you and to correct any inaccurate information;
ii. other companies to share positive and negative information about you or your Lay-by, including any non-compliance with these Terms;
iii. payment processing service providers, merchants and banks and other persons that assist with the processing of your Lay-by payments;
iv. 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;
v. 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;
vi. our service providers, agents and sub-contractors that have been contracted by us;
vii. persons to whom we cede our rights 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
viii. third parties for the express purpose of them marketing their services and products to you, when you have consented thereto as per clause 5 below.
c.You acknowledge and expressly consent that we may process your PI for purposes of:
i. managing your Lay-by and enabling us, and any of our authorised representatives to fulfil our obligations in terms of these Terms;
ii. enabling us to detect fraud and criminal activities and to take the necessary measures to prevent any suspicious or fraudulent activity;
iii. processing your purchasing information and online browsing behaviour for: market and product analysis; customer analysis; monitoring your buying patterns, and using credit bureau data to enrich your profile to enable us to improve our personalized 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
iv. interacting with you via various means including but not limited to: telephonically, post, email, SMS/MMS, social media and WhatsApp (“the Channels”).
d.You have the right to lodge a complaint with the Information Regulator on +27 10 023 5200. Refer to our Privacy Statement for further details.
5. Direct Marketing
5.1 If you opt-in at time of opening your Lay-by facility, or any later stage, to receive direct marketing from us, we will send you marketing information and promotional offers as per clause
5.2 below (“the Marketing Services”) from all of our brands, across all the Channels. New channels may be added from time to time. When you opt-out of marketing from a particular Channel, you are opted-out of the Channel for that brand that was communicating to you when you opted out. In order to opt-out of all Marketing Services (for all brands and channels), please contact Customer Services. It could take up to 48 hours for your updated election to take effect.5.2 The following brands, products and services are part of TFG and could market to you:
a. the South African brands listed on www.bash.com/brands/ and affiliated company brands;
b. the Websites, TFG Rewards, TFG Media, Jet Club, TFG Insure, TFG Money, and selected data / airtime offers; and
c. additional brands, products and services that may be added from time to time.
5.3 We may market any of the Marketing Services to you on Saturdays, Sundays and public holidays and outside of prescribed times as set out in the Consumer Protection Act 68 of 2008 (“CPA”). We will not do this if you opt-out.
5.4 Each time we send you Marketing Services via the Channels, we will give you the option to opt-out of receiving further Marketing Services via that Channel from that brand.
5.5 Please ensure that your contact details are kept up to date to ensure you receive Marketing Services, as we will not be held responsible if you do not receive personalised offers and information on limited time deals in the event that your contact details have changed.
5.6 If you agreed to TFG sharing your PI with selected business partners to market their products to you:
a. your PI, purchasing behaviour, online browsing behaviour, marketing permissions, and Lay-by and TFG Rewards behaviour information, as visible to TFG, will be shared with selected third parties. These third parties will process your PI and other related information (set out in this clause) for the express purpose of: conducting analytics to develop insights; conducting marketing and product analysis; enhancing product offerings and developing new products that could be relevant to you; and marketing their services and products to you in a relevant way. Third parties may contact you in various ways including but not limited to phone, SMS, email, and directmail;
b. you may contact Customer Services at any time to opt out of all third party data sharing and marketing.
6.1 You hereby consent that we may institute any legal proceedings relating to your Lay-by in any court that has jurisdiction over you. Your Lay-by will be governed by the relevant laws applying in your jurisdiction.
6.2 If we do not immediately carry out or implement any of our rights in terms of the Lay-by for any reason or purpose, it does not mean that we have given up or waived any of those rights.
6.3 We may monitor and record all phone calls and other interactions with you.
6.4 You confirm that you understand these Terms, the risks relating to the Lay-by and your rights and obligations.
6.5 We may cede, assign or transfer any of our rights or obligations, or arrange that any third party carries out any of our rights or obligations in terms of the Lay-by, without your consent and without notice to you.
6.6 We will not be liable for anything outside of our reasonable control, for example computer system failures, power failures, any industrial action, political unrest, war, fires, floods or any other acts of God, if any of these events have an impact on your Lay-by, or prevents us from providing our usual service. We will not be liable for any damages, losses, claims or expenses suffered or incurred by you.
6.7 We may at any time amend or replace these Terms and if we do so, it does not mean a new Lay-by will come into place. You will be bound by the new terms from the time they are released.Please visit the Websites for more information and the latest terms and conditions.
6.8 You must have the required legal capacity to enter into a Lay-by agreement. We may require that you provide us with proof of identification.
6.9 If we grant you a Lay-by, 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.
6.10 Please enquire in any participating TFG store if you have any questions and to inform us if any of your contact details have changed.
6.11 TFG Money Lay-by customers are automatically members of TFG Rewards, which is available at selected TFG brands. Visit the Websites for more information.
[Version date: 20.10.2022]