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Shipping & Returns

Bok Supporter Delivery

SOUTH AFRICA DELIVERY

We send all items in South Africa by courier service and we charge a standard fee of R150 per delivery in South Africa .

We deliver to all areas in South Africa, including: Johannesburg, Pretoria, Midrand, Gauteng, Cape Town, Western Cape, Northern Cape, George, Durban, Kwa Zulu Natal, Pietermaritzburg, Polokwane, Mpumalanga, North West, Nelspruit, Limpopo, East London, Port Elizabeth, Eastern Cape, Bloemfontein, Kimberley, Free State and all other outlying areas in South Africa.

Please contact us for more information on South Africa delivery - info@boksupporters.co.za  

INTERNATIONAL DELIVERY

We send all international items via postal service and the timing depends on the size of the shipment. In general, for smaller orders, it takes 7-10 working days depending on the country. Our main delivery countries are: Australia, New Zealand, UK & England, United States (USA), Dubai and many countries in Europe. Springbok supporters are very wide spread!!

Please contact us for more information on International delivery - info@boksupporters.co.za










Bok Supporter Returns & The Consumer Protection Act

Cancellation of advance orders?
A consumer has the right to cancel an advance order however a supplier may require a reasonable deposit and charge a reasonable fee should the consumer cancel an advance order.

In determining a reasonable fee the following must be considered:

• the nature of the goods or service;
• the notice period of cancellation;
•  the possibility to obtain another consumer; and
• the general industry practice.

Take note: a consumer does not have the right to cancel an advance order in terms of the CPA (there may be other rights i.e. in terms of a clause in a contract) if the order is regarding  “special-order goods” which is defined as goods that a supplier expressly or implicitly was required or expected to procure, create or alter specifically to satisfy the consumer's requirements.
Goods delivered without being previously inspected by the consumer
If goods are sold to a consumer based solely on the basis of a description or sample, or both, provided by the supplier, the goods delivered to the consumer must in all material respects and characteristics correspond to that which an ordinary alert consumer would have been entitled to expect based on the description or on a reasonable examination of the sample, as the case may be.
 If a supply of goods is by sample, as well as by description, it is not sufficient that any of the goods correspond with the sample if the goods do not also correspond with the description.
The consumer is entitled to reject all the goods in the instance that it does not comply with the aforementioned.

What must the delivery man do?
Deliveries must be delivered at the location, date and time as agreed to. The consumer has the right to reject any delivery not in accordance with the aforementioned.
Furthermore the consumer must be allowed to inspect all goods delivered.
Advice: It is strongly advised that a delivery note be signed by the consumer which, amongst other things, states that consumer confirms that:
• he was given sufficient time to inspect the goods;
• delivery of the goods occurred at the agreed date, time and location;
• all the goods delivered match the description and/or sample previously supplied and/or if the goods are special-order goods that the goods comply with the material specifications of  such special order;
• the consumer did not notify the supplier of the intended purpose of the goods alternatively in the instance that the consumer did notify the supplier of the intended purpose of the goods, the goods delivered satisfy such purpose;
• the goods were delivered in the correct quantities; and
• the goods were not delivered as a result of any direct marketing (see below “What is direct marketing?”).

All delivery personal must provide identification upon request.

When may a consumer return goods?
A consumer has the right to return goods within 6 months of such goods being delivered to the consumer in the instance that such goods did not perform in a manner intended, are unsafe and/or are defective (see below “What rights do consumers have with regards to goods”).
In addition to the aforementioned a consumer has the right to return goods within 10 business days after delivery  thereof in the following circumstances:

• the goods were delivered as a result of direct marketing (provided the consumer cancelled the corresponding agreement within 5 business days after delivery);
• the goods delivered did not match the description and/or sample previously supplied and/or if the goods were special-order goods the goods did not comply with the material specifications of  such special order; or
• the goods do not satisfy the particular purpose communicated to the supplier.
What is plain language?
Any agreement, notice, document or visual representation provided to a consumer must be in plain language.
Any agreement, notice, document or visual may be said to be in plain language if it is reasonable to conclude that an ordinary consumer of the class of persons for whom the notice, document or visual representation is intended, with average literacy skills and minimal experience as a consumer of the relevant goods or services, could be expected to understand the content, significance and import of the notice, document or visual representation without undue effort.
Hint: at all times deal with a consumer as if this was his first time obtaining goods or services from you and remember the test for plain language is specific to each person so take the extra time to explain your various terms to your clients especially if you are dealing with someone who is conversing in their second language. 
Non compliance may result in a particular clause or agreement being void.

What is the price of goods?
A supplier must not require a consumer to pay a price for any goods or services higher than the lowest displayed price for those goods or services.
A price is displayed if a written indication of the price is:
• in any way represented in a manner from which it may reasonably be inferred that the price represented is a price applicable to the goods or services in question; or
• published in relation to the goods in a catalogue, brochure, circular or similar form of publication available to that consumer, or to the public generally.
The aforementioned will not apply in the instance that the displayed price has been fully covered by another displayed price, contains an inadvertent and obvious error (but only after the supplier has taken reasonable steps to notify the consumer and has corrected the error) or an unauthorised person has altered the displayed price.

What sales records must be provided to a consumer?
 A supplier must provide a consumer with a written record of each transaction concluded.
Such record must include at least the following information:
• the supplier’s full name, or registered business name, and VAT registration number, if any;
• the address of the premises at which, or from which, the goods or services were supplied;
• the date on which the transaction occurred;
• a name or description of any goods or services supplied or to be supplied;
• the unit price of any particular goods or services supplied or to be supplied;
• the quantity of any particular goods or services supplied or to be supplied;
• the total price of the transaction, before any applicable taxes;
• the amount of any applicable taxes; and
• the total price of the transaction, including any applicable taxes.

Marketing “do’s” and “don’ts”
In general a supplier must not market any goods or services:
• in a manner that is reasonably likely to imply a false or misleading representation concerning those goods or services; or
• in a manner that is misleading, fraudulent or deceptive in any way
A  supplier must not engage in “bait marketing” which is advertising any particular goods or services as being available at a specified price and in such a  manner that it may result in consumers being misled or deceived in any respect relating to the actual availability of those goods or services at that advertised price.
Furthermore a supplier must not engage in the practice of “negative marketing” which entails that  goods or services will be supplied, or an agreement or modification will automatically come into existence, unless the consumer declines such offer or inducement.

What is direct marketing?
Direct marketing means to approach a person (including a juristic person), either in person or by mail or electronic communication (includes sms, email and telephone), for the direct or indirect purpose of either:

• promoting or offering to supply, in the ordinary course of business, any goods or services to the person; or
• requesting the person to make a donation of any kind for any reason.
A consumer has the right to cancel any agreement as a result of direct marketing within 5 days of the agreement having been concluded of the goods having been delivered.

What must be done?

If anyone requests that you must at any stage stop  or not engage in (including even by a notice or sign) any direct marketing you must stop immediately.

Keep a register of everyone you directly market to and who has requested that you stop.

Do not contact anyone during the prohibited contact hours being Sundays or public holidays, Saturdays before 09h00 or after 13h00, and on any other day before 08h00 or after 20h00.

Be proactive and obtain written consent from people to whom you directly market to as the Commission may introduce a registry whereby persons may pre-emptively block direct marketing, whereafter every direct marketer will be obliged to assume that a comprehensive block has been registered unless they have received written consent stating otherwise.
All direct marketing in the form of emails, letters, sms’ or similar medium sent to consumers on a regular basis must contain an “opt-out” option whereby the consumer may elect not to receive any further direct marketing. The consumer must be informed that his election to opt-out has been received and that no further direct marketing will be sent to him.
Transactions not concluded in person
For all agreements for the supply of goods or services that is not entered into in person the supplier must before concluding an agreement or transaction, disclose the following information to a consumer:
• the supplier’s name and licence or registration number, if any;
•  the address of the supplier’s physical business premises and related contact details;
• the required sales record information (see above “What sale records must be provided to a consumer?”);
• the currency in which amounts under the agreement are payable;
• the supplier’s delivery arrangements, including:

o the identity of the shipper;
o the mode of transportation; and
o the place of delivery to the consumer;

• the supplier’s cancellation, return, exchange and refund policies, if any; and
• the manner and form in which a complaint may be lodged.

What contract terms must be deleted from your existing agreements
The CPA prohibits the supply of goods or services to a consumer at a price, or on terms that are, unfair, unreasonable or unjust.

The CPA also states that a supplier cannot require a consumer to waive any rights, assume any obligation or waive any liability of the supplier on terms that are unfair, unreasonable or unjust.

Whether the aforementioned terms are unfair, unreasonable or unjust will depend on the facts of each case.

In addition to the  aforementioned the any term which has the effect of the following will be presumed to be unfair:

• excludes the liability of the supplier for the death or personal injury of a consumer;
• excludes the remedies of the consumer in the instance that the supplier should breach any terms of their agreement;
• limits the suppliers obligation to respect commitments undertaken by its agents;
• allowing the supplier to increase the price without affording the consumer the opportunity to cancel the agreement;
• allowing the supplier the right to cancel an agreement where the same right has not been afforded to the consumer; and/or
• obliging the consumer to fulfill its obligations when the supplier has failed to fulfill its obligations.

Unlike the aforementioned were a term maybe  prohibited (subject to the facts of each case) any term which:

• defeats the purposes of the CPA;
• excludes the liability of the supplier from any loss attributed to the suppliers gross negligence; or
•  falsely expresses an acknowledgement by the consumer that:
o no representations or warranties were made by the supplier; or
o the consumer has received any goods or services, will be void.

A supplier furthermore has an obligation to bring to the attention of the consumer any term that limits the liability of the supplier or any other person, constitutes an assumption of risk by the supplier or places an obligation on the part of the consumer. Such clauses should be bolded or a supplier must require that the consume initial next to such term.

What rights do consumers have with regards to service?
Consumers have the right to demand quality service which includes the right to:
• timely performance and timely notice of any unavoidable delay;
• service which is in a manner and quality that persons are generally entitled to expect; 
• goods, that are  used in any installation, being free of any defects; and
• that any property of the consumer made available to the supplier for the purposes of rendering the services being returned to the consumer in a condition at least as good as the condition upon which such property was provided to the supplier.
Should a supplier fail to perform any service to the standards as aforementioned the consumer is entitled to require that the supplier remedy any defect or refund the consumer a reasonable portion of the price paid.

What rights do consumers have with regards to goods?
Every consumer has a right to receive goods that:
• are reasonably suitable for the purposes for which they are generally intended;
• are of good quality, in good working order and free of any defects;
• will be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply; and
• comply with any applicable standards set under any other public regulation.

 In addition to the aforementioned, if a consumer has specifically informed the supplier of the particular purpose for which the consumer wishes to acquire any goods, or the use to which the consumer intends to apply those goods, and the supplier:

• ordinarily offers to supply such goods; or
• acts in a manner consistent with being knowledgeable about the use of those goods,

the consumer has a right to expect that the goods are reasonably suitable for the specific purpose that the consumer has indicated.

In  the instance that the goods fail to comply with the aforementioned the consumer may, without penalty, within 6 months demand that the goods be repaired, replaced or that the consumer return the good and receive a refund.

The aforementioned will not apply if the consumer has been specifically informed that the particular goods are supplied in a particular condition and the consumer expressly agreed to accept the goods in such condition.

When may you be held liable for damages caused by goods?
The producer or importer, distributor or retailer of any goods is liable for any harm caused wholly or partly as a consequence of:

• supplying any unsafe goods;
• a product failure, defect or hazard in any goods; or
• inadequate instructions or warnings provided to the consumer pertaining to any hazard arising from or associated with the use of any goods,

irrespective of whether the harm resulted from any negligence on the part of the producer, importer, distributor or retailer, as the case may be.
  
Liability of a particular person in terms of the aforementioned does not arise if:

• the unsafe product characteristic, failure, defect or hazard that results in harm is wholly attributable to compliance with any public regulation;
• the alleged unsafe product characteristic, failure, defect or hazard:
o did not exist in the goods at the time it was supplied by that person to another person alleged to be liable; or
o was wholly attributable to compliance by that person with instructions provided by the person who supplied the goods to that person;

• it is unreasonable to expect the distributor or retailer to have discovered the unsafe product characteristic, failure, defect or hazard, having regard to that person’s role in marketing the goods to consumers; or
• the claim for damages is brought more than 3 years after the claim arose.
 
The harm for which a person may be held liable  for includes:

• the death of, or injury to, any natural person;
• an illness of any natural person;
• any loss of, or physical damage to, any property, irrespective of whether it is movable or immovable; and
• any economic loss that results from harm contemplated above.

What are the effects of non-compliance with the CPA?

Should a supplier not comply with the provisions of the CPA it may be liable to a fine which may not exceed 10% of its annual turnover or R1 million Rand whichever is the greater.

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This document is provided as is / published for general information and is not intended as legal advice. As every situation depends on its own facts and circumstances, specific professional advice should be sought and relied upon. Van Der Merwe Attorneys assumes no responsibility with regard to any inaccuracies, errors or omissions.
Furthermore this document does not, nor does it intend to, cover every aspect of the CPA.
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For more advice on the CPA please feel free to contact either Piet van der Merwe or Jason Dorning at Van Der Merwe Attorneys, Corporate and Commercial Attorneys
Tel: 011 063 2559
Email:  pvandermerwe@vdma.co.za
 jdorning@vdma.co.za
website: www.vdma.co.za
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