Return Policy

Returns Policy

This template is intended to assist you to draft your own Returns Policy page. Netcash does not provide legal advice and it is up to you to ensure that all your legal agreements comply with South African law. We highly recommend that you consult an attorney. Netcash will not be responsible for any damage that you suffer or any third party suffers relating to this template.

It is up to you to replace the words in brackets which look like this [insert words here] with the right information. Do not publish this notice without replacing all the [words in brackets].

Please delete this notice once you are finished replacing all the [words in brackets].

NB: This Returns Policy forms part of [company name] (‘we’ or ‘us’) terms and conditions.

1 Goods that cannot be returned

Not all of our goods are able to be returned for various reasons. Goods which are:

• Perishable (they go stale / expire in 3 weeks or less) which includes food and beverages

• Unsafe to return due to health concerns (such as underwear or medicine)

• Sold by auction

• Made to your specifications

• Clearly personalized for you,

• Audio, video or computer software which you have unsealed,

• Newspapers, magazines, periodicals and books

Cannot be returned. However you can still get a refund if the goods were defective in some way (see our section on ‘defective goods’ below).

[This list is based on section 42(2) of the Electronic Communications and Transactions Act no. 25 of 2002 and ignores section 16 of the Consumer Protection Act no. 68 of 2008 as we have assumed all sales will be online. Delete this section if you do not supply goods.]

2 Services that cannot be returned

Not all of our services can be returned. Services which are:

• Financial services (including investment-based)

• Starting before the 7-day period expires,

• Affected by changes in financial markets (like the exchange rate)

• Lottery or gaming services,

• For accommodation, transport and leisure where we agree to provide the service on a specific date or in a specific period.

3 Unwanted products

At [company name] we allow you to return any goods or services not mentioned in the sections above even if they are not defective if:

• They were bought in the last [7 days], and

• They are still in their original packaging (for goods), and

• They are unused,

• They still have all the accessories or parts.

After the [7 day] period you can only get a refund if the goods or services were defective.

4 Goods that were damaged on delivery

Goods that are damaged on delivery are considered to be ‘defective goods’ and the same procedure for returning them applies. See how to do that below.

5 Defective goods or services

Before you return any goods or services please be sure that they really are defective. A defect is an important imperfection or failure in a good or service which causes the good or service to be less than an ordinary person would expect from the good or service. Some examples of defective goods and services would be:

• Electric lights that do not turn on,

• Gardening hoses that break went bent,

• Disregarding your specific instructions to sell stocks (for a financial service)

• [replace with your own examples]

Goods that are damaged due to the reasons below are NOT defective:

• Damage due to you using the goods incorrectly or contrary to what is set out in the instructions

• Damage due to electrical surges or corrosion from sea air, or water damage where the goods are not designed for this

• Damage as a result of unauthorized changes to the goods,

• Damage due to negligence or failure to care for the goods.

Services which are inadequate are NOT defective for the reasons set out below:

• Failure to comply with the instructions of the service provider,

• Failure to provide any information on time that is necessary in order for the service to be provided

If you receive any goods which are defective then you can return them within 6 months of delivery of those goods or services to you. While we have a standard 6-month warranty on our goods and services in some cases the warranty can be longer and this is normally stated on the goods or services when you receive them.

[The Consumer Protection Act no. 68 of 2008 at section 56 requires a supplier to provide a warranty on goods that is no less than 6 months for defective goods]

You have a right to a quality service which includes:

• completing the service on time (unless there is an unavoidable delay in which case the cause of the delay must be communicated to you)

• the service to be of a reasonable quality compared to what someone would ordinarily expect,

• the return of your goods in the same condition as they were received (with the exception of fair wear and tear).

Services that do not live up these requirements are considered to be ‘defective’.

[The Consumer Protection Act no. 68 of 2008 at section 54 requires a supplier to provide a quality service]

6 How to return goods

If you need to return goods then please:

• Contact us first to obtain a return reference number so we know you are returning the goods,

• Package the products as safely and securely as you can with as much of the original packaging as you may still have and include all accessories that you received,

• Mark your return reference number on the returned goods.

We will contact you to set out precisely how we will pick up the goods you received.

[Please amend this section based on what your delivery company requires]

7 Charges for returns

If the goods are not defective we can charge a reasonable fee for the delivery back to us. We will not charge a fee if the goods were defective.

8 Refunds

You can decide if you want a replacement good or to be refunded. If you choose to be refunded then we will refund your purchase using the same method you used to buy the goods using the Netcash payment platform although all refunds must be processing into a bank account and cannot be made in cash.