Withdrawal & Returns
Cancellation & Returns – Consumers (B2C, South Africa)
Right to Cancel (Cooling-Off Period)
Consumers as defined under the Consumer Protection Act 68 of 2008 (CPA) have the right to cancel certain transactions concluded as a result of direct marketing within five (5) business days after receiving the goods or services, without providing any reason.
This right applies only where required by the CPA and does not extend to all transactions.
Cancellation Period
The cancellation period is five (5) business days from the date on which:
- the goods are delivered to you or a person designated by you;
- the last item is received in case of multiple deliveries;
- the service is agreed to commence or has commenced.
Exercising the Right to Cancel
To exercise your right to cancel, you must notify us by means of a clear communication (e.g. email, letter or contact form):
Fountainstr. 7
6529 George
South Africa
To meet the deadline, it is sufficient that your notice of cancellation is sent before the expiry of the five-day period.
Effects of Cancellation
If you cancel a qualifying transaction, we will refund all payments received from you, excluding delivery costs, within 15 business days after receiving your cancellation notice, subject to the return of the goods.
We may withhold reimbursement until the goods have been returned or proof of return has been provided.
Return of Goods and Costs
You must return the goods without undue delay and at your own expense. You are responsible for the reasonable costs of returning the goods.
- This applies to standard and non-standard (bulky or freight) goods.
- Actual transport and handling costs will apply for large or specialised shipments.
Handling and Diminished Value
You are responsible for any diminished value of the goods resulting from handling beyond what is reasonably necessary to determine their nature, characteristics and functionality.
The amount payable for such diminished value will be determined based on the actual condition of the returned goods and may extend up to the full purchase price where the goods are no longer resalable.
Use vs. Inspection
The cooling-off right is intended solely for inspection. Any further use, including installation, commissioning or integration into other systems, may result in a claim for diminished value.
Transport Damage
Please inspect goods upon delivery and report any visible transport damage as soon as possible.
Failure to report transport damage does not affect your statutory rights but may affect claims against the carrier.
Installation, Integration or Combination
The right to cancel applies only to movable goods.
The following are not included in any return or cancellation:
- Disassembly or removal services
- Structural or surface restoration
- Installation, electrical, plumbing or technical work
- Disposal or recycling services
- Repackaging
If goods have been installed, fixed, integrated or combined with other materials, no entitlement exists to free removal or reinstatement. Any such services must be arranged and paid for by the customer.
Services
If you request services to begin during the cooling-off period, you are liable for payment of the portion of services already performed.
Prepayments and Reserved Capacity
- Prepayments may be retained to cover costs already incurred.
- Allocated personnel and reserved capacity are chargeable.
- Planning, design and administrative work is non-refundable.
- Scheduled appointments and downtime remain chargeable.
- Custom-made or specially procured goods may not be eligible for cancellation where permitted by law.
Returns & Cancellations – Businesses (B2B) and Public Entities (South Africa)
No statutory right of cancellation or withdrawal applies to business customers or public entities. Cancellation, termination or variation of any order is only possible if expressly agreed in writing.
Returns (if contractually permitted)
- All return and handling costs shall be borne by the customer.
- Transport, freight, specialised logistics and insurance costs are fully for the customer’s account.
- Restocking, inspection and value reduction costs are charged at a flat rate of 10% of the product price, unless a higher actual loss or damage is incurred.
- Any additional loss in value or damage must be fully compensated by the customer.
- Goods already delivered or in production are excluded from return unless otherwise expressly agreed.
- Personnel, allocation, scheduling and downtime costs are fully payable.
- Disassembly, removal or deinstallation services are not included and will be charged separately if requested.
- Proper disposal or recycling must be arranged by the customer at their own cost.
Services and Project Orders
- Advance payments are non-refundable unless otherwise expressly agreed in writing.
- Planning, design, engineering and project services already performed are fully payable.
- Custom-made, specially procured or configured goods are excluded from cancellation and return.
- For installed, integrated or combined systems, no reversal or return is possible without full compensation of dismantling, removal and restoration costs.
- Reserved production capacity, allocated personnel and scheduled appointments remain chargeable in the event of cancellation.
Sample Withdrawal Form (Consumers Only)
If you wish to withdraw from the contract, please complete this form and send it back:
I/We hereby give notice that I/We withdraw from my/our contract for the purchase of:
Ordered on:
Received on:
Name:
Address:
Signature (only if on paper):
Date: