1. Refunds Generally – for purchases from both kalahari.com & Marketplace Sellers
1.1 NON-DEFECTIVE PRODUCTS – YOUR RIGHTS TO ‘COOL OFF’
Save for certain exceptional cases (as listed below), you are entitled to cancel any purchase made via this Website within 7 days after your receipt of the product and to obtain a full purchase price refund, subject to being charged by the seller thereof for the return of the product (which, in the case of a product sold by kalahari.com, must occur by following the returns procedure set out in the ‘Arranging Returns’ section below). Note that although you are entitled to ‘cool off’ and cancel your purchase as aforesaid, you must return the product in the condition you received it.
The ability to cancel purchases of non-defective products as set out above will NOT apply in respect of the following types of products:
- Books, magazines, newspapers and periodicals;
- Audio or video recordings (ie CD’s or DVD’s) or computer software (ie computer games) which have been opened/un-sealed;
- Foodstuffs, beverages or other goods intended for everyday consumption
- Flowers and other products which are likely to deteriorate or expire rapidly; and
- Products which by reason of their nature cannot be returned (which include eBooks, eMagazines, electronic Vouchers, and for hygiene reasons, iPods, underwear, swimwear, and earrings for pierced ears).
You will only be entitled to a refund in respect of the exceptions listed above in the event and to the extent that any such refund is provided for under the express provisions of this Refund Policy herein below.
1.2 LATE DELIVERY
If a product purchased is not delivered within the agreed delivery period, or where no specific period was agreed, within 30 days after having purchased the Product, the ECT Act entitles you to cancel such sale on 7 days notice to the seller of such product (i.e. either kalahari.com or the relevant Marketplace Seller, as the case may be), the functionality for giving such notice being provided on the ‘my orders’ webpage of the Website.
Should a product purchased be unavailable, the seller thereof (i.e. kalahari.com or a Marketplace Seller, as the case may be) must notify you and issue a full refund within 30 days after such notice.
2. Refunds on purchases from kalahari.com
2.1 EARLY CANCELLATIONS – PENALTY FREE*
Save for any purchase of an eBook, eMagazine or electronic Voucher, which cannot be cancelled once purchased, you are entitled to cancel (either in whole or in part) any sale without attracting any cancellation and/or administration charges if you cancel prior to the packaging of the products so sold. Such early cancellations can only be effected online on your ‘my orders’ webpage (it being recorded that, the functionality for cancelling any sale will only be available for so long as you are entitled to cancel same on a penalty-free basis).
* If timeously cancelled as aforesaid, you will be fully refunded in respect of such cancelled sale (including delivery charges), without any administrative or other charges being payable; provided that, should a sale only be partially cancelled and delivery charges as re-calculated on the value of the revised order exceed the delivery charges as calculated on the original order, you shall be liable for the amount of such excess delivery charges.
2.2 DEFECTIVE / DAMAGED / UNSUITABLE PRODUCTS
- GENERAL RULE: If, within 6 months after delivery of a product to you,
- you find that the product is defective/faulty, unsuitable for the purpose for which it was indicated in the product description (or otherwise generally intended), not legal, or not reasonably durable (based on circumstances and product type) (hereinafter referred to as being “Defective”); and
- you arrange to return such product to kalahari.com for inspection in the manner described in the ‘Arranging Returns’ section below (being the ONLY manner in which returns will be accepted)
- and the product is subsequently found -
- to indeed be Defective, you are entitled to either (a) have the product repaired or replaced at kalahari.com’s expense, or (b) be fully refunded;
- NOT to be Defective, you will be liable for the costs incurred in having such product returned to kalahari.com and then re-delivered to you.
- WHEN IS A PRODUCT ‘DEFECTIVE’? Please note that the following issues/problems will NOT render the product Defective as aforesaid and will not entitle you to any repair, replacement or refund:
- faults resulting from normal wear and tear;
- where you, or someone unauthorised to do so by kalahari.com, has altered or damaged the product. IMPORTANT: you should refuse to accept delivery of any product which is visibly damaged, and if you only discover the damage after the courier has left (eg a cracked screen), then you must report it to kalahari.com as soon as possible and within 48 hours. If only reported after 48 hours, it is reasonable for kalahari.com or its suppliers to determine that the damage was caused post delivery;
- where a toy is not suitable for your child because of his/her age, but the toy is only suitable for children over a certain age, as may be expressly indicated, or reasonably obvious from the nature of the toy;
- where an item of clothing does not fit you because your measurements do not accord with the item’s size (ie you have incorrectly estimated/measured your size);
- encoding on DVD’s not being compliant with your zone (save where the encoding was incorrectly specified in the relevant product description);
- Flowers: Due to seasonal and regional availability, an exact replica of any flower bouquet design shown cannot be guaranteed and substitutions will be made where required using the nearest equivalent while paying attention to overall shape, size, style, and colour combinations
- electronic hardware or software (including computer games) purchased by you which are not compatible with your operating system and/or existing hardware . Consequently, before purchasing any electronic hardware or software, please confirm that same is compatible with your existing hardware and operating system. System requirements are usually available on the manufacturer’s websit
- Photographic equipment which shows evidence of (a) impact, sand, liquid or moisture damage; (b) dropping, mishandling or tampering; (c) battery or chemical corrosion; (d) damage caused by connected equipment; or (d) use contrary to the applicable instruction manual
- if an eBook or eMagazine link does not give you access to the relevant eBook or eMagazine because –
- you have no internet connection, or the eBook or eMagazine is blocked by your firewalls, or a similar internet or network related restriction is present on your end;
- in the case of an eBook, you have clicked on the Link more than once;
- in the case of an eMagazine, you have clicked on the kalahari.com Link more than once; or
- payment therefor has failed.
- the inability to open or read an eBook pdf file -
- on more than one Device simultaneously;
- due to the related kalahari.com Reader application or Adobe Digital Editions Reader application (as the case may be) being faulty/defective;
- on a Device which you have not yet associated/registered with the relevant Reader Application; or
- because you are unable to associate your device with a Reader Application because you are not connected to the internet;
- the inability to open or read an eMagazine file –
- due to the Zinio Reader being faulty/defective
- on a device which you have not yet associated/registered with Zinio Reader; or
- because you are unable to associate your device with Zinio Reader because you are not connected to the internet
- EXCEPTIONS TO THE GENERAL RULE:
- Special Offers: If the product was ordered pursuant to a “Special Offer” and such product is no longer being offered at the special price, should you elect to have the product repaired or replaced (as opposed to being refunded), kalahari.com will only be able to repair, not replace same.
- Certain product types which have been opened: To combat the illegal copying of digital media, if the following types of products are returned for being defective or damaged, they will only be replaced with another copy of the same product and will not be refunded: CDs, Videos, DVDs, audio tapes, computer software, games and printer consumables.
- Photographic equipment: When returning the product, the relevant invoice and proof of payment must also be returned to kalahari.com. Assessments and repairs are carried out by the approved repair centres and may take up to 6 weeks.
- eBooksDue to the many variables which could render an eBook (being the .pdf or .epub file) or the Link thereto (being .acsm file) problematic or defective; the fact that it is not possible to return a defective Link or eBook to kalahari.com for inspection; and the resultant difficulty in proving the existence or cause of any defect, any alleged defect in an eBook or Link thereto shall be dealt with as follows:
- Should you experience any problems in using the Link to access the eBook, or in opening or reading the eBook itself, or, although able to read the eBook, the eBook is defective in some other way (missing pages, incorrect book, etc), you must report the problem to kalahari.com via email or by contacting the call centre at +27 21 468 9200, within 6 months of purchase.
- If timeously reported as aforesaid, kalahari.com shall assist you in determining the possible cause/s of the problem and how to rectify same. If kalahari.com deems it necessary, it may liaise with the relevant service providers in this regard to rectify the problem or to issue you with a new Link if required, but no refunds shall be issued unless kalahari.com, determines that a refund would be appropriate.
- It should be noted that it will be even more unlikely that kalahari.com deems a refund appropriate if you have already downloaded the eBook. Consequently, if you believe an error has been made in your purchase (ie you’ve accidentally ordered the incorrect eBook), please report the problem to kalahari.com WITHOUT clicking on the Link to download the eBook.
- eMagazinesSimilarly to eBooks, due to the many variables which could render an eMagazine file or either of the links thereto problematic or defective; the fact that it is not possible to return a defective link or eMagazine to kalahari.com for inspection; and the resultant difficulty in proving the existence or cause of any defect, any alleged defect in an eMagazine or any link thereto shall be dealt with as follows:
- Should you experience any problems in using the kalahari.com Link to access the Zinio account registration page, you must report the problem to kalahari.com via email or by contacting the call centre at +27 21 468 9200, within 6 months of purchase. If timeously reported as aforesaid, kalahari.com shall assist you in determining the possible cause/s of the problem and how to rectify same. If kalahari.com deems it necessary, it may liaise with Zinio in this regard to rectify the problem or to issue you with a new kalahari.com Link if required, but no refunds shall be issued unless kalahari.com, determines that a refund would be appropriate.
- Should you experience any problems in your Zinio account registration process, or in accessing the Zinio Link or opening or reading the eMagazine, or the eMagazine is defective in some other way, you must report the problem to Zinio by contacting its support centre in the USA at -1-888-946-4666 (Monday to Friday, 7am to 6pm PST) or email@example.com. As stated in the kalahari.com General Terms and Conditions, eMagazines are sold by kalahari.com on behalf of Zinio and purchasers must thus look to Zinio in relation to the proper delivery of the eMagazines.
- Notwithstanding the aforegoing, and without imposing any obligations or liability on kalahari.com or Zinio, if you believe an error has been made in your purchase (ie you’ve accidentally ordered the incorrect eMagazine), please DO NOT click on the kalahari.com Link. Report the problem to kalahari.com and we will liaise with Zinio as to how it wishes to proceed. In doing so, you will improve your chances of Zinio agreeing to a cancellation of the sale, it being recorded however, that neither kalahari.com nor Zinio are ever obliged to cancel the sale or refund you.
- Manufacturer’s Warranties/Guarantees: Certain products may carry additional manufacturer’s warranties/guarantees which are wider in scope, and/or longer in duration, than the 6 month warranty generally provided (as discussed above). Consequently, if a defect is discovered AFTER 6 months from delivery, you could still rely on the following:
- Electronic hardware (excluding Gaming Consoles)
- Electronic hardware manufacturer guarantees are normally a 1 year repair guarantee. kalahari.com’s liability under such Electronic Hardware Manufacturer Guarantee is restricted to the costs of repair or replacement of faulty goods or granting of a credit at the sole discretion of kalahari.com and its suppliers after investigation and/or testing of goods.
- All Electronic Hardware Manufacturer Guarantees are immediately null and void should any equipment be tampered with, or the seals on equipment be broken by anyone other than the manufacturer’s representative, or the goods be operated outside the manufacturer’s specifications.
- Under no circumstances will kalahari.com be liable for any damage arising from any misuse or abuse of the goods.
- No writable media CD-R, CD-RW, DVD-RW may be returned under an Electronic Hardware Manufacturer Guarantee.
- Gaming Consoles
Warranties on gaming consoles (Playstation, Xbox 360, Nintendo) are carried by the manufacturer and are not the responsibility of kalahari.com. For gaming console warranty claims please contact the following:
Playstation warranty claims please contact: 0861 773 783 Partserve
Wii warranty claim please contact: 087 940 3200 Nintendo
Xbox warranty claims please contact: 0800 991 550 Microsoft Support or 0861 926 9360 Powercare
- Games and Software
Defective games and other software may be exchanged for the same game/software, but no refunds will be payable.
- Photographic Equipment:
- The Manufacturer warranties on Photographic Equipment (“Photographic Equipment Warranty”) endure for a period of 1 year from the date of purchase (“Photographic Equipment Warranty Period”) against defects in workmanship and materials.
- To obtain service under this warranty, the product together with the original invoice and proof of payment must be sent back to kalahari.com.
- The Photographic Equipment Warranty set forth above does not cover
- routine cleaning or normal cosmetic and mechanical wear and tear;
- damages, defects or unsatisfactory performance caused by the attachment of lenses, flashes or other accessories not produced by the same company as the product purchased; or
- damages, defects or unsatisfactory performance caused by repairs performed by any party other than a facility authorized by kalahari.com (as listed on the Website).
2.3 NON-DEFECTIVE PRODUCTS
Products which are NOT defective, damaged or unsuitable as discussed above, but which you want to return for whatever reason, can be returned within 7 days from delivery, as explained above under ‘Non-Defective Products – your right to ‘Cool Off’. by following the returns procedure set out in ‘Arranging Returns’ below.
NOTE: Íf you wish to return any non-defective product delivered to you for a refund as aforesaid, please do not remove the product from its original packaging and/or use or wear the Product. Jewellery and accessories in particular, need to be returned in mint condition and not have been tampered with. Remember that kalahari.com may hold you liable for any damage you cause to the product (including its packaging) while in your possession.
Incorrect Product: If the incorrect Product is delivered to you by mistake (ie it is not the Product you purchased), please do not remove the Product from its original packaging, open or use the Product in any way. Please promptly contact the kalahari.com call centre at +27 21 468 9200 to notify kalahari.com thereof, so that we can resolve the mistake by arranging to collect such Product from you and deliver the correct Product to you, as quickly as possible.
2.4 ARRANGING RETURNS
If you want to return a product you have purchased from kalahari.com for any reason permitted under this Refund Policy, you must in all instances first notify kalahari.com thereof to inform us of the reason for your return by contacting us via either:
- our email at: http://www.kalahari.com/help/contact_us.aspx
- our call centre at: +27 21 468 9200.
Once you have successfully logged your return as aforesaid, kalahari.com will issue you with a returns authorisation number (“RA Number”) and arrange for the collection of the product from you. You must ensure that the Product to be collected by the courier is packed so as to comply with the following:
- the Product is properly protected;
- save where being returned due to being Defective, the Product is still in its original packaging, together with all accessories, instructions and documentation (if any), and in perfect condition for the purposes of resale (ie the product must not be damaged, scratched, soiled, and in the case of electronic hardware, the adhesive screen covers must not have been removed); and
- aforesaid RA Number is accurately reflected on the courier’s collection slip.
- kalahari.com is not able to accept the return of any products which have not gone through the above process and/or are not accompanied by a valid RA Number. Products returned without a valid RA Number will not have been validly returned and may be sent back to you at your expense.
- Please treat products and packaging with reasonable care while in your possession. Nothing herein detracts from any right kalahari.com may have to hold you liable for any damage you cause to a product (including its packaging) while in your possession.
2.5 PROCESSING OF REFUNDS
Should you be entitled to a refund for any reason, such refund shall –
a) in the case of payment having been made by credit card or eBucks, be effected on the credit card or eBucks account as the case may be, provided that if you are refunded on a credit card in respect of only a portion of any order placed by you, then any subsequent refunds processed in respect of that order will be credited to your kalahari.com shopper profile in accordance with (b) below;
b) in other instances, be credited to your kalahari.com shopper profile, in which case you have the right to request that the funds be paid into your bank account, being your bank account as reflected on kalahari.com’s records. kalahari.com will not, in this instance, pay funds into a third party bank account.
As refunds need to be processed by the banks, please note that the processing of refunds can take up to 5 working days from approval date
3. Provisions applicable to purchases from Marketplace Sellers
Subject to the provisions herein below which Marketplace Sellers have agreed to abide by, each sale by a Marketplace Seller is subject to such further terms and conditions as may be agreed between you and the relevant Marketplace Seller and any refunds or adjustments will only be provided in accordance with the terms so agreed, or otherwise in the Marketplace Seller’s sole discretion.
3.1 STOCK SHORTAGES
In the event that a Marketplace Seller is out of stock of the product ordered by you, the Marketplace Seller must notify you thereof, whereupon –
- in the event of a temporary out-of-stock situation, you shall be entitled either to cancel the order and be fully refunded, or to maintain the sale subject to a later delivery date as may be agreed;
- in the event of a permanent out-of-stock situation, you shall be entitled to be fully refunded.
In being ‘fully refunded’ as aforesaid, you will be refunded the relevant purchase price and delivery charges, without having to pay any administrative or other charges.
3.2 DEFECTIVE / DAMAGED OR UNSUITABLE PRODUCTS
- GENERAL RULE: If, within 6 months after delivery of a product to you -
- you find that the product is defective/faulty, or unsuitable for the purpose for which it was indicated in the product description (or otherwise generally intended), or not legal, or not reasonably durable (based on circumstances and product type) (hereinafter referred to as being “Defective”); and
- you return such product directly to the Marketplace Seller
and the product is subsequently found –
- to indeed be Defective, you are entitled to either (a) have the product repaired or replaced at the Marketplace Seller’s expense, or (b) be fully refunded, and, if you returned the Defective product to the Marketplace Seller at your own expense, you are entitled to have such expense reimbursed by the Marketplace Seller;
- NOT to be damaged, defective/faulty or unsuitable, you may be liable for the costs incurred in having such product returned you, as well as the costs which may have been incurred by the Marketplace Seller in having the product returned to it for inspection.
- WHEN IS THE PRODUCT ‘DEFECTIVE’? Please note that the following issues/problems will NOT render the product damaged, defective or unsuitable as aforesaid and will not entitle you to any repair, replacement or refund:
- faults resulting from normal wear and tear;
- where you or someone unauthorised to do so by the Marketplace Seller, has altered or damaged the product;
Note that Marketplace Sellers may sell new and/or used products and it is important for you to take note of the product condition as described in the relevant product listing prior to ordering same because, for example, a dog-earred book will not be regarded as defective if the fact that it is dog-earred was disclosed in the product condition description.
- Additional Guarantee: Marketplace Sellers may grant additional warranties/guarantees in respect of products listed by them in Marketplace, as indicated in the relevant product descriptions.
3.3 NON-DEFECTIVE PRODUCTS
Products which are NOT defective, damaged or unsuitable as discussed above, but which you want to return for whatever reason, can be returned within 7 days from delivery, as explained above under ‘Non-defective Products – your right to Cool Off’.
3.4 PROCESSING OF REFUNDS
Marketplace Sellers issue refunds by means of an electronic instruction to kalahari.com to do so. Note that in processing refund instructions received from Marketplace Sellers, kalahari.com merely follows the instructions of the Marketplace Sellers and is not obliged to exercise any discretion, or resolve any disputes in relation to the payment of a refund.
Should a Marketplace Seller instruct kalahari.com to pay a refund, such refund shall be credited to your kalahari.com shopper profile, in which case you have the right to request that the funds be paid into your bank account, being your bank account as reflected on kalahari.com’s records. kalahari.com will not, in this instance, pay funds into a third party bank account.
3.5 KALAHARI NOT LIABLE
Please note that although kalahari.com facilitates Marketplace Sellers’ sales and refunds, and obliges Marketplaces Sellers to conduct themselves lawfully, kalahari.com cannot guarantee that Marketplace Sellers will sell you non-defective products, or that they will comply with their return and refund obligations as set out above, and kalahari.com will not be liable in any way for a Marketplace Seller’s failure to conduct itself lawfully. However, should you encounter any problems with Marketplace Sellers, please report it to kalahari.com.