1. DEFINITIONS

1.1. The CPA Act – means the Consumer Protection Act, 68 of 2008;

1.2. Business Day – means any week day excluding weekends and public holidays;

1.3. The Consumer – means the individuals engaging in the purchase of Goods from Smeg as defined in the CPA Act and the ECT Act;

1.4. The ECT Act – means the Electronic Communications and Transactions Act 25 of 2002;

1.5. Defective Goods - means any Goods with any material imperfection in the manufacture of the Goods or components that renders the Goods less acceptable than persons generally would be reasonably entitled to expect in the circumstances or with any characteristic of the Goods or components less useful, practicable or safe other than persons generally would be reasonably entitled to expect in the circumstances.

1.6. Direct marketing – means to approach a Consumer, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply, in the ordinary course of business, any goods or services to the Consumer or requesting the person to make a donation of any kind or reason.

1.7. The Goods – means any goods purchased on Smeg’s website;

1.8. This Policy - means Smeg’s Returns and Refunds Policy as contained in this document, as amended from time to time;

1.9. Retailer – means Smeg who in respect of this policy is the company who, in the ordinary course of business, supplies Goods to the Consumer

1.10. Smeg – means Smeg South Africa (Pty) Ltd, the supplier of the goods in question;

1.11. Terms and Conditions – means the terms and conditions applicable to any transaction between Smeg and its customers. This Policy is to be read in conjunction with all other policies (as referred to in our Terms and Conditions) including the Terms and Conditions.

2. RETURNS AND COOLING-OFF PERIOD

2.1. A Consumer shall be entitled to return any Goods purchased from Smeg within 7 Business days of delivery and/or collection of such Goods.

2.2. Any return will be subject to the following:

2.2.1. that the Goods must be unused and in the same condition that the Consumer received them; and

2.2.2. the Goods must be in in its original condition with all seals and/or stickers intact and must be undamaged or tampered with.

2.3. In the event that a cancellation is made prior to receipt of the Goods which have been paid for, the Consumer would be entitled to a refund within 30 days of the date that the Consumer provides all of the required documentation to Smeg to allow for the refund to be effected in terms of clause 16 hereunder.

3. UNSAFE OR DEFECTIVE GOODS

3.1. A Consumer has a right to return Goods if the Goods are unsafe or defective within 6 months after the delivery or collection of the Goods to the Consumer without incurring any penalty at Smeg’s risk and expense. It is the Consumer’s obligation to test the goods upon receipt thereof. In the case of defective and unsafe goods, the onus rests on the consumer to prove that the defect is not as a result of misuse.

3.2. In the event that it is established that the goods are defective and that such defect was not as a result of misuse by the Consumer, the Consumer may elect to be either, refunded or to have the goods replaced or repaired.

3.3. Prior to engaging with Smeg for the return of Goods due to apparent defect, the Consumer is obligated to ensure that they have read and followed all instructions that accompany the use, functionality and care of the Goods. For example, any usage manuals, and documentation provided in conjunction with the Goods which set out the terms of use thereof.

3.4. The procedure in respect of returns and refunds and/or the replacement or repair of any Goods found to be unsafe or defective is as per clause 16.

4. DIRECT MARKETING AND THE COOLING-OFF PERIOD

4.1. The Consumer has a right to return Goods to Smeg in terms of an agreement arising out of direct marketing where the Consumer has rescinded that agreement during the cooling-off period. The Cooling-off period will be 7 Business days from the date upon which the agreement arising out of direct marketing was entered into by the Consumer.

4.2. The Consumer will be required to return the Goods to Smeg at their own risk and expense by either arranging for same to be couriered back to Smeg or by delivering the Goods to an approved Smeg show room.

4.3. The Consumer will receive a full refund of any consideration paid for those Goods if Smeg has delivered the Goods in terms of the above and same have been returned in the original unopened packaging, less any amount that Smeg may charge in terms of clause 4.4 and 4.5 or as otherwise envisaged in the CPA Act.

4.4. If the Consumer returns the Goods in the original condition and in their original packaging, Smeg may charge a reasonable amount for the use of the Goods during the time they were in the Consumers possession, unless they are Goods that are ordinarily consumed or depleted by use and no such consumption or depletion has occurred or the consumption or depletion of the Goods that has occurred is limited to a reasonable amount necessary to determine whether the Goods were acceptable to the Consumer.

4.5. Smeg may charge the Consumer a reasonable amount for necessary restoration costs to render the Goods fit for re-stocking, unless having regard to the nature of the Goods and the manner in which they were packaged, it was necessary for the Consumer to destroy the packaging in order to determine whether the Goods conformed to the description or sample provided. This provision will only apply in the case of Goods that had not been examined by the Consumer before delivery of the Goods to Goods which were not fit for the intended purpose.

4.6. The Consumer will be required to return the Goods within 10 Business days after delivery thereof in order to qualify for a refund in terms of clause 16 hereunder.

5. GOODS NOT EXAMINED BEFORE DELIVERY

5.1. The Consumer has a right to return Goods to Smeg that the Consumer did not have an opportunity to examine before delivery/or if the Consumer rejects delivery of those Goods for any reason, including whether the Consumer is satisfied with the Goods in terms of the type and quality, in accordance with the provisions of the CPA Act.

5.2. The Consumer will receive a full refund of any consideration paid for those Goods if Smeg has delivered the Goods in terms of the above and the Consumer returns the Goods in the original unopened packaging, less any amount that Smeg may charge in terms of clause 5.3 and 5.4 or as otherwise envisaged in the CPA Act.

5.3. If the Consumer returns the Goods in the original condition and in their original packaging, Smeg may charge a reasonable amount for the use of the Goods during the time they were in the Consumers possession, unless they are Goods that are ordinarily consumed or depleted by use and no such consumption or depletion has occurred or the consumption or depletion of the Goods that has occurred is limited to a reasonable amount necessary to determine whether the Goods were acceptable to the Consumer.

5.4. Smeg may charge the Consumer a reasonable amount for necessary restoration costs to render the Goods fit for re-stocking, unless having regard to the nature of the Goods and the manner in which they were packaged, it was necessary for the Consumer to destroy the packaging in order to determine whether the Goods conformed to the description or sample provided. This provision will only apply in the case of Goods that had not been examined by the Consumer before delivery of the Goods to Goods which were not fit for the intended purpose.

5.5. The Consumer will be required to return the Goods within 10 Business days after delivery thereof in order to qualify for a refund in terms of clause 16 hereunder.

6. GOODS MIXED UP WITH GOODS OF A DIFFERENT DESCRIPTION

6.1. The Consumer has a right to refund in respect of Goods delivered by Smeg if the Goods have a different description to what the Consumer agreed to with Smeg and the Consumer refused delivery of any of those Goods and subject to the provisions contained in clause 6.2.

6.2. The Consumer will receive a full refund of any consideration paid for Goods returned if Smeg has delivered the Goods in terms of clause 6.1 and the Consumer returns or refuses to accept delivery of the Goods in the original unopened packaging less any amount that Smeg may charge in terms of clause 6.3 and 6.4 or as otherwise envisaged in the CPA Act.

6.3. If the Consumer returns the Goods in the original condition and in their original packaging, Smeg may charge a reasonable amount for the use of the Goods during the time they were in the Consumers possession, unless they are Goods that are ordinarily consumed or depleted by use and no such consumption or depletion has occurred or the consumption or depletion of the Goods that has occurred is limited to a reasonable amount necessary to determine whether the Goods were acceptable to the Consumer.

6.4. Smeg may charge the Consumer a reasonable amount for necessary restoration costs to render the Goods fit for re-stocking, unless having regard to the nature of the Goods and the manner in which they were packaged, it was necessary for the Consumer to destroy the packaging in order to determine whether the Goods conformed to the description or sample provided. This provision will only apply in the case of Goods that had not been examined by the Consumer before delivery of the Goods to Goods which were not fit for the intended purpose.

6.5. The Consumer will be required to return the Goods within 10 Business days after delivery thereof in order to qualify for a refund in terms of clause 16 hereunder.

7. UNWANTED GOODS

7.1. The Consumer may return the Goods in their new, original unopened packaging, undamaged and unused, with all original seals and/or stickers intact and untampered with, within 7 Business days of delivery for a full refund.

7.2. The procedure in respect of returns and refunds and/or the replacement or repair of any Goods found to be unsafe or defective is as per clause 16 hereunder.

8. UNREASONABLY DELAYED DELIVERY OF GOODS

Smeg is committed to ensuring that the product information, availability, purchase price, associated delivery times and fees are accurately reflected on its website. The Consumer is required to notify Smeg of any unreasonably long delivery times within 7 business days by logging a return on the Smeg website and Smeg undertakers to issue a full refund in respect of the undelivered Goods.

9. INCORRECT ITEM DELIVERED

9.1. Should Smeg erroneously deliver the wrong the Goods or Goods not as described on the website, or if the Goods are missing any parts:

9.1.1. The Consumer is required not to remove the Goods from their original packaging or to remove any of the stickers or labels attached thereto; and

9.1.2. The Consumer is required to inform Smeg of the incorrect delivery within 7 Business days of receipt thereof; and

9.1.3. Smeg will collect the Goods from the Consumer at no additional charge.

9.2. Alternatively, the Consumer will be entitled, upon the collection of the wrong and/or defective Goods by Smeg, to elect to have Smeg:

9.2.1. deliver the correct Goods to the Consumer as soon as reasonably possible, subject to the availability thereof; or

9.2.2. send the Consumer a voucher for the purchase price of the Goods; or

9.2.3. issue a refund (using the same method of payment originally used by the Consumer during the purchase of the Goods).

9.3. Please note that a refund is not available if the Goods were received as a gift from a Consumer to a third party who has not paid for the Goods but is the intended recipient.

10. GOODS DAMAGED ON DELIVERY

10.1. In the event that the Goods delivered to the Consumer arrive damaged, missing any parts or accessories, or is inoperable, the Consumer may elect to be either refunded or to have the Goods repaired or replaced.

10.2. In this regard, the Consumer is required to notify Smeg within 7 Business days of receipt of the Goods in question by logging a return on the Smeg website in accordance with clause 16 hereunder.

10.3. The consumer will be required to provide to Smeg the following evidence to assess where in the delivery process the damage may have occurred:

10.3.1. photograph of the outer box (including whether the packaging has a Fragile sticker affixed thereto);

10.3.2. photograph of the inside of the box, including the inner packaging; and

10.3.3. photograph of the damaged item,

(“the evidence”).

10.4. If necessary, Smeg undertakes to arrange collection of the product at no charge to the Consumer.

10.5. Once the Goods and evidence have been inspected and validated, Smeg will facilitate the return process (if necessary), and will according to the Consumers preference, either :

10.5.1. replace the Goods, subject to the availability thereof; or

10.5.2. issue a refund voucher for the purchase price of the Goods; or

10.5.3. issue a refund (using the same method of payment originally used by the Consumer to purchase the Goods).

10.6. Please note that a refund is not available if the Goods were received as a gift from a Consumer to a third party who has not paid for the Goods but is the intended recipient.

11. RIGHT TO RETURN UNSUITABLE GOODS

11.1. The Consumer is entitled to return Goods to Smeg if the Goods were intended to satisfy a particular purpose, which purpose was communicated to Smeg, as contemplated in the CPA Act, if within 10 Business days after delivery thereof to the Consumer, the Goods have been found to be unsuitable for that particular purpose.

11.2. The Consumer will be entitled to elect to receive a full refund of any consideration paid for those Goods if Smeg has delivered the Goods in terms of the above and provided that the Goods are returned to Smeg in the original unopened packaging less any amount that Smeg may charge in terms of clause 11.3 and 11.4 or as otherwise envisaged in the CPA Act.

11.3. If the Goods are returned in the original condition and repackaged in their original packaging, Smeg may charge the Consumer a reasonable amount for the use of the Goods during the time they were in the possession of the Consumer, unless they are Goods that are ordinarily consumed or depleted by use and no such consumption or depletion has occurred or consumption or depletion of the Goods has occurred, but that consumption or deletion was limited to a reasonable amount necessary to determine whether the Goods were acceptable to the Consumer.

11.4. Smeg may charge the Consumer a reasonable amount for necessary restoration costs to render the Goods fit for re-stocking unless, having regard to the nature of the Goods and the manner in which they were packaged, it was necessary for the Consumer to destroy the packaging in order to determine whether the Goods conformed to the description or sample provided. This will apply strictly to Goods that had not been examined by the Consumer before delivery of the Goods or Goods which were found to be unfit for the intended purpose.

12. ORDERS IN ADVANCE

12.1. If Smeg makes a commitment, or accepts to supply Goods on a later date, Smeg will require the Consumer to pay a reasonable deposit in advance. This deposit will be forfeited if the order is cancelled less than 10 Business days prior to the agreed upon delivery date.

12.2. Smeg will not impose any cancellation fee on the Consumer provided that the Consumer is unable to honour the order as a result of the death or hospitalisation of the person for whom or for whose benefit the order was made.

13. WARRANTY

13.1. Smeg warrants that all Goods are new, safe and of good quality as set out in the CPA Act, except to the extent that these Goods have been altered contrary to instructions or after leaving control of the producer, importer, a distributor or the retailer as the case may be or unless Smeg clearly described such Goods as used or reconditioned or as having specific defects.

13.2. Smeg warrants every new or reconditioned part installed during any repair or maintenance work and the labour required to install same for a period of 3 months after the date of installation or such longer period as Smeg may specify in writing.

13.3. This warranty is concurrent with any other deemed, implied or express warranty and is void if the Consumer has subjected the part or the Goods or property in which it was installed to misuse or abuse and does not apply to ordinary wear and tear having regard to the circumstances in which the Goods are intended to ordinarily be used.

13.4. Smeg warrants all new Goods against any defects for 2 years of normal household or business use, from the time the Goods were supplied to the Consumer. This is a statutory warranty in terms of the provisions of the CPA Act.

13.5. Smeg undertakes to repair, replace, or refund the price of any defective Goods that are returned by a Consumer during the 2-year statutory warranty. Returns will be processed in accordance with the returns and refunds procedure as set out in clause 16 hereunder.

13.6. Smeg will repair the defective good, or replace same within 21 Business days, however, this time frame is subject to change in accordance with any extenuating circumstances which cause a delay of any kind in the repair or replacement of the Goods.

13.7. Any Consumer that falls within the definition of Consumer of the CPA Act may elect have the Defective Goods in question either repaired or replaced, or the Consumer may elect to be refunded in accordance with the returns and refunds procedure set out in clause 16 hereunder.

13.8. Smeg reserves its right to replace or refund the price of any repaired Goods that are returned to it during the 3 month repair warranty period.

14. INSPECTION OF DEFECTIVE GOODS

14.1. Suitably qualified examiner
A customer that believes Goods are defective should contact Smeg within 7 Business days to inform Smeg of the defective nature thereof. Smeg will appoint a suitably qualified Smeg technician to examine the Goods and produce a report. The Consumer will not be liable for any charges occasioned by the use of such a technician.

14.2. Examination duties
The Smeg technicians are trained to recognise Defective Goods and are accordingly able to detect instances in which the Goods have been misused, including, inter alia; if they have been neglected, damaged, altered or not used according to instructions. Accordingly, the Smeg technicians will provide substantive reasons if they are of the view that Defective Goods were not supplied and that the defective nature thereof was as a result of use by the Consumer.

14.3. Invalidation of warranties and right to return unsuitable goods
Warranties in respect of Goods will be invalid if any person, who is not suitably qualified, has opened, tampered with or altered the Goods contrary to the instructions provided by Smeg, or if such persons removed the warranty label affixed to the Goods. This provision will apply to Goods found to be unsuitable. It is important to note that, it is considered fraudulent to deliberately damage Goods and to claim a refund in respect thereof and Smeg reserves the right to institute the necessary legal action in this respect.

15. EXCLUSION OF INDUSTRIAL USE

All Goods offered on the Smeg website are not intended for any industrial or unusual commercial use.

16. RETURNS AND REFUNDS PROCEDURE

The Consumer must utilise the returns and refunds procedure set out below for returning defective or unsuitable goods or to return Goods for any other reason provided for in this Policy or the CPA Act or ECT Act, or Smeg may refuse to accept them.

The return and refund procedure are as follows:
16.1. The Consumer will be required to complete and submit the relevant form on Smeg’s website and a customer support agent will contact the Consumer shortly thereafter.

16.2. Any return of physical Goods must include all accessories and instructions, and all original packaging that is still available. Returns that are sent back otherwise will have a 10% repackaging fee levied against them.

16.3. If original delivery packaging is not available, the Consumer is required to ensure that the Goods are in protective packaging. Smeg is not responsible for any damage to the Goods suffered in transit for the return of the Goods. If the Goods being returned have not been packaged properly and are damaged in transit, Smeg is under no obligation to process the associate refund and the Consumer will accordingly forfeit the refund.

16.4. Once the necessary forms and information have been provided to Smeg, the Consumer will be provided with a returns reference number (e.g.: SMEG12345). The Consumer is required to mark the return package in which the Goods are sent to Smeg clearly on the outside of the package. Smeg reserves its rights to refuse to accept delivery of a package should the return reference number not appear on the package.

16.5. The Consumer may elect to have the Goods collected by one of Smeg’s approved courier services subject to a fee, alternatively, the Consumer may elect to drop the Goods at any of Smeg’s showrooms or warehouse and logistics centre at no additional charge.

16.6. Should the Consumer indicate to Smeg that the Goods are defective, Smeg technicians will examine the actual Goods for defects and report on whether the Goods were defective, were misused, or are of good quality. The following are expressly excluded from the definition of Defective Goods:

16.6.1. faults resulting from normal wear and tear;

16.6.2. damage arising from negligence, user abuse or incorrect usage of the product;

16.6.3. damage arising from electrical surges or sea air corrosion;

16.6.4. damage arising from continuous and sporadic load shedding;

16.6.5. damage arising from a failure to adequately care for the product;

16.6.6. damage arising from unauthorized alterations to the product; or

16.6.7. where the specifications of a product, although accurately described on the website and generally fit for its intended purpose, do not suit the Consumer.

16.7. Should the Consumer indicate that the Goods are unsuitable for its purpose, Smeg reserves its right to determine whether this purpose was communicated to it. If the Consumer failed to indicate the purpose for which the Goods were intended, a written report will be provided to the Consumer by Smeg indicating whether the Goods were unsuitable for the intended purpose or not.

16.8. If the Goods were returned by the Consumer within the 7 day cooling-off period and it comes to Smeg’s attention that the Goods were defective or were provided to the Consumer for a particular specific purpose and were unsuitable for that purpose despite communicating same to Smeg, the Consumer may elect to be either refunded or have the goods repaired or replaced.

16.9. Should the Consumer elect for the Goods to be repaired or replace, or should Smeg deem it necessary to repair or replace the goods, this will be communicated to the Consumer and the necessary appointments will be arranged to facilitate either the repair of the Goods or the delivery of the appropriate replacement.

16.10. Should the Consumer elect to receive a refund, or should Smeg deem it appropriate to refund the Consumer, Smeg will indicate this to the Consumer and arrange for the repayment of the purchase price in respect of the Goods into the Consumers nominated bank account within 30 Business days of the issue with the Goods being communicated to Smeg by the Consumer in accordance with the procedure set out above.

16.11. In respect of a full refund, Smeg reserved the right to charge a 7% fee of the refund amount. Refunds are handled within 8 to 10 Business days of same being logged, and refunds may take up to 3 Business days to reflect in the Consumers bank account once processed subject to the timelines of the relevant banking institution.

17. CUSTOMER SUPPORT DEPARTMENT - CONTACT DETAILS

Telephone number: 011 463 1016
Email address: [email protected]
Office hours: Monday to Friday 08:00 to 16:30
Saturday 09:00 to 14:00
Not open on Public holidays


18. CUSTOMER QUERIES AND COMPLAINTS

Should a Consumer not be satisfied with any Goods or have any questions, the Consumer should contact the Smeg customer support department with the associated invoice number for the Goods in question.

19. DISPUTE RESOLUTION

Should Smeg refute any claims made by a Consumer in respect of the defective or unsuitable nature of any Goods, and should the Smeg customer support department be unable to assist the Consumer in respect thereof, the Consumer is reminded of its rights to approach the suitable ombud or other dispute resolution body, or to take the necessary legal action, if applicable.
The dispute resolution procedures under the CPA Act do not apply to all transactions.
This policy does not exclude any other rights of a Consumer in relation to the Goods in question.