In terms of section 11 of the electronic communications and transactions (ect) act 25 of 2002 and the common law of contract, these terms and conditions are valid, binding, and enforceable against all persons that access a tfg website or use the service through a tfg website or any part thereof.
If you do not agree to be bound by these terms and conditions, you must leave the tfg website(s) immediately as further use will automatically bind you to these terms and conditions.
Definitions and interpretation
The clause headings in this document have been inserted for convenience only and not for interpretation purposes.
Hyperlinks herein to legal documents should be deemed part of these terms and conditions in terms of section 11(3) of the ECT Act. The fact that some or all of the hyperlinks may, from time to time, be non-operational, shall not affect the validity and interpretation of these terms and conditions.
Reference herein to the singular includes the plural and vice versa; and
“Personal Information” on ordinary TFG store websites, refers to:
•residential area code
•non-personal browsing habits and click patterns;
•Internet Protocol (IP) address.
“Personal Information” on the TFG Financial Services website where Users may apply for store credit means:
residential area code, street address, postal address, title, contact numbers, ethnic group, employment history, age, sex, race, marital status, nationality, colour, language, financial information, Identity number
“Services” means any services available on or through the Website;
“TFG” means The Foschini Group Limited, registration number 1937/009504/06, and its subsidiary and affiliated companies, excluding the RCS Group of companies;
“Website” means the @home website, @homelivingpace website, American Swiss website, Charles & Keith website, Donna website, Duesouth website, Exact! website, Fabiani website, Foschini website, G-star Raw website, Hi website, Luella website, Markham website, Matrix website, Sportscene website, Sterns website,
Totalsports website, TFG rewards website, TFG Club website, TFG Financial Services website, TFG iamme website, TFG CSI and Infotec website and all other websites owned and operated by TFG, including the content and Service(s) available on and through the websites and any page, part or element thereof;
“User” means any person who enters or uses the Website;
“Web Application” is an application programme (or “app”) that uses a Web browser and the Internet to accomplish a task for the User on a website. It is developed with web
programming languages and other computer technologies that are intended to be used on the Internet. Examples of Web browsers are FireFox, Safari and Internet Explorer.
1. Disclaimer and limitation of liability
1.1 The Website User must use discretion before taking any action based on the information displayed on the Website.
1.2 TFG provides the Website “as is” and it makes no warranty as to its use, availability or performance.
1.3 TFG (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from: 1.3.1 access to the Website;
1.3.2 access to and use of the Services;
1.3.3 access to websites linked to the Website;
1.3.4 inability to access the Website or use the Services;
1.3.5 inability to access websites linked to the Website;
1.3.6 content available on the Website; or
1.3.7 any other reason not directly related to TFG’s gross negligence.
1.4 The TFG website is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with TFG, that the content available from and through the Website meets the User's individual requirements and is compatible with the User's computer hardware and/or software.
1.5 Information, ideas and opinions expressed on the Website should not be regarded as professional advice or the official opinion of TFG and Users are encouraged to obtain professional advice before taking any course of action related to the information, ideas or opinions expressed on the Website.
1.6 TFG does not make any warranties or representations that content and Services available from the Website shall in all cases be true, correct or free from any errors. TFG shall take all reasonable steps to ensure the quality and accuracy of content available from the Website.
1.7 TFG does not make any warranties or representations that the Website shall be available at all times. Users acknowledge that the Website may be unavailable due to updates or other causes beyond the reasonable control of TFG, including, but not limited to, virus infection, unauthorised access (hacking), power failure or other “acts of God.”
1.8 The User must take special note that TFG reserves the right to hold a consumer liable for any losses suffered by TFG due to the cybercrime committed by the User on any of TFG’s Websites. Please read clauses 10.3 and 10.5 for more details.
TFG consists of the following 18 retails brands which include fashion, home wear, sportswear, cellular and jewellery brands in the country, as well as a host of innovative financial services. TFG trades in over 1 900 stores, making it the foremost specialty retailer in Southern Africa and expanding further into Africa.
@home & @homelivingspace, American Swiss, Charles & Keith, Donna, DueSouth, Exact!, The FIX, Fabiani, Foschini, G-Star, Hi, Luella, Markham, Mat & May, Sportscene, Sterns, Totalsports, Colette, Next
3. Allowed use and licence
3.1 TFG licenses the User to view, download and print the content of the Website provided that such use is for private, personal, educational and/or non-commercial purposes only.
3.2 Content from the Website may not be used or exploited by Users for any commercial or non-private purposes without the prior written consent of TFG.
3.3 Users may only access and browse the Website for legitimate personal or commercial purposes and may not use the Website for: 3.3.1 Harmful purposes;
3.3.2 Illegal purposes;
3.3.3 Disclosing, sharing or publishing material that may be offensive, defamatory, regulated, copyrighted, incorrect, untrue, prohibited, infringing or damaging to any person; and/or
3.3.4 The creation, storage and sending of unsolicited commercial communications.
3.4 The caching of the Website shall only be allowed if 3.4.1 The purpose of the caching is to make the onward transmission of the content from the Website more efficient;
3.4.2 The cached content is not modified in any manner whatsoever;
3.4.3 The cached content is updated at least every 12 (twelve) hours; and
3.4.4 The cached content is removed or updated when so required by TFG.
3.5 If any User uses content from the Website in breach of the provisions detailed herein: 3.5.1 TFG reserves the right to claim damages from the User;
3.5.2 TFG reserves the right to institute criminal proceedings against the User; and
3.5.3 TFG shall not be liable, in any manner whatsoever, for any damage, loss or liability that results from the use of such content by the User or any third party who obtained any content from the User.
3.6 Hyperlinks to the Website from any other source shall be directed to the home page of the Website. Links beyond the TFG home page may only be used with TFG’s prior written consent.
3.7 Users may quote small and reasonable amounts of content available from the Website and only if such a quote is placed in inverted commas and acknowledged.
3.8 No person may, without the prior written consent of TFG, frame the Website in any manner whatsoever.
3.9 Apart from bona-fide search engine operators and use of the search facility provided on the Website by Users, no person may use or attempt to use any technology or Web Applications (including web crawlers, robots or web spiders) to search, collect or copy content from the Website for any purpose whatsoever, without the prior written consent of TFG.
3.10 E-mail addresses, names, telephone numbers, and fax numbers published on the Website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Website may be used to communicate unsolicited communications to TFG and all rights detailed in section 45 of the ECT Act are reserved.
3.11 All licences and/or permissions granted in terms of this clause 3 are provided on a nonexclusive and non-transferable basis and may be terminated or cancelled by TFG at any time without prior notice or reason.
4. Intellectual property rights
4.1 All licences and/or permissions granted in terms of this clause are provided on a nonexclusive and non-transferable basis and may be terminated or cancelled by TFG at any time without prior notice or reason.
4.2 All intellectual property on the Website, including but not limited to content, trademarks (or any confusingly similar trademarks), trade names, logos, pictures, video, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to TFG and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 3, all other rights to intellectual property on the Website are expressly reserved.
4.3 No person shall amend, copy, use, decompile and/or reverse engineer the source code of the Website.
4.4 No person may use logos, icons, photos, pictures, graphics or trademarks and the like from the Website as hyperlinks or for other purposes without TFG’s prior written consent.
5. Software and equipment
It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the Website and/or download content from the Website.
6. Disclosures required by section 43 of the ect act
Access to and use of the Website may be classified as “electronic transactions” as defined in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and TFG has, amongst others, the duty to disclose the following information:
Full name and legal status: The Foschini Group Limited
Registration number: 1937/009504/06
Physical address: Stanley Lewis Centre, 340 Voortrekker Road, Parow East, 7500, Cape Town, South Africa
Postal address: PO Box 6020, Parow East, 7501, Cape Town, South Africa
Telephone number: +27 21 938 1911
Website address: www.tfg.co.za
E-mail address: email@example.com
Membership of self-regulatory bodies:
Direct Marketing Association of South Africa (DMA)
Code of conduct: Direct Marketing Association Code of Conduct. The User may access their website and download the Code of Conduct.
Physical address for receipt of legal service:
Stanley Lewis Centre, 340 Voortrekker Road, Parow East, 7500, Cape Town, South Africa
Directors: Click here to view TFG board of directors
Access to information: Click here to view the TFG information manual
Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
i) access and use of the Website;
ii) the inability to access the Website;
iii) the Services and content available from the Website; or
iv) these terms and conditions,
shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.
7. Changes and amendments
TFG reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
7.1 change these terms and conditions;
7.2 change the content and/or Service available from the Website;
7.3 discontinue any aspect of the Website or Service(s) available from the Website; and/or
7.4 change the software and hardware required to access and use the Website;
7.5 to delete the Website.
8.1 TFG shall take all reasonable steps as required by the Protection of Personal Information Bill and the Promotion of Access to Information Act, to protect the Personal Information of Users that it collects from Users through any of the Websites.
8.2 Personal Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
A cookie is a small file which asks the User’s browser for permission to be placed on the computer's hard drive. Once the User agrees, the file is added and the cookie helps analyse web traffic. Cookies allow Web Applications to respond to the User as an individual. The Web Application can tailor its operations to the User’s needs, likes and dislikes by gathering and remembering information about the User’s preferences.
TFG uses traffic log cookies to identify which Website pages are being used. This helps TFG analyse data about web page traffic and improve its Website in order to tailor it to User needs. TFG only uses this Personal Information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help TFG to provide Users with a better website, by enabling it to monitor which pages Users find useful and which they do not. A cookie in no way gives TFG access to the User’s computer or any Personal Information about the User, other than the data the User chooses to share with TFG.
Users can choose to accept or decline cookies. Most web browsers automatically accept cookies, but Users can usually modify their browser setting to decline cookies. This however may prevent you from taking full advantage of the Website.
8.4 Providing Personal Information to TFG through its Websites is voluntary. If Users wish to subscribe to a TFG newsletter, they must provide their name and email address otherwise TFG cannot send the newsletter to the User as requested. There are no consequences for not providing Personal Information except to have a limited experience on the Websites.
Lawful Processing of Personal Information
8.5 By using any TFG Website, the User consents to the collection of Personal Information when the User completes any online form.
8.6 The User further warrants that the email address provided to TFG indeed belongs to the User or that the User has permission to use such email address (belonging to a third party) on the Website.
8.7 TFG may collect, maintain, save, compile, modify, destroy, de-identify, share, disclose and sell any Personal Information collected from Users, subject to the following provisions: 8.7.1. TFG shall not disclose Personal Information from Users unless the User consents thereto;
8.7.2 TFG shall disclose Personal Information without the User’s consent only through due legal process; and
8.7.3 TFG may compile, use and share any Personal Information for statistical and research purposes and will not publish it in identified form.
8.7.4 TFG will retain records with Personal Information for as long as a law requires it to do so and for TFG’s lawful purposes. Personal Information that has been collected will form part of a data bank that TFG will maintain according to law.
Purpose for Processing of Personal Information
8.8 TFG collects, stores and uses the abovementioned Personal Information for the following purposes:
•To communicate User requested information to the User;
•To provide Services to the User as requested by the User;
•To process an application for store credit in terms of the National Credit Act;
•To authenticate the User;
•To market products or Services to the User;
•To allow third parties to market products and Services to the User who specifically consented to it;
•To provide the User with access to restricted pages on a Website; and / or
•To compile non-personal statistical information about browsing habits, click patterns, and access to the Website, and
•Where applicable, to determine whether to grant store credit to a User who applied for it.
8.9 TFG owns and retains all rights to de-identified statistical information collected and compiled by TFG.
9. Hyperlinks to third party sites
9.1 TFG may provide hyperlinks to websites not controlled by TFG (“target sites”) and such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or Services of such target sites.
9.2 TFG does not editorially control the content, products and/or Services on target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access, use and inability to use or content available on or through target sites.
10.1 TFG shall take all reasonable technical and organizational steps to secure the content of the Website and the Personal Information provided by and collected from Users, from unauthorised access and/or disclosure. However, TFG does not make any warranties or representations that content shall be entirely safe or secure.
10.2 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy ware, to the Website or the server and computer network that support the Website.
10.3 Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the Website, whether on purpose or negligently, shall, without any limitation, indemnify and hold TFG harmless against any and all liabilities, damages, risks and losses that TFG and its partners / affiliates may suffer as a result of such delivery, attempt or damaging code.
10.4 Users may not develop, distribute or use any device or programme designed to breach or overcome the security measures of the restricted pages, products and Services on the Website and TFG reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programmes.
10.5 Users who commit any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liabilities, losses, destruction or damages suffered and/or incurred by TFG and its partners / affiliates due to or related to these illegal actions.
11. Removal and correction of content
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Website to TFG and TFG undertakes to correct and/or remove such content or any part thereof if the person reporting such content provides reasonable grounds to prove the alleged nature of the content.
12. Interception of communications
12.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to TFG’s right to intercept, block, filter, read, delete, disclose and use all communications (including all “data messages” as defined in the ECT Act) sent or posted by the User to the Website or TFG’s employees. 12.2 The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.
13. Entire agreement and severability
13.1 These terms and conditions constitute the entire agreement between TFG and the User and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by TFG from the User.
13.2 Any failure by TFG to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
13.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
14. Agreement in terms of section 21 of the ect act
The User and TFG agree that:
14.1 the User shall be bound to these terms and conditions and such agreement is concluded in Cape Town (South Africa) at the time the User enters the Website for the first time;
14.2 the User agrees and warrants that data messages (e.g. sms and email) that are sent to TFG from a computer, IP address or mobile device normally used by or owned by the User, were sent and/or authorised by the User personally
14.3 electronic signatures, encryption and/or authentication are not required for valid electronic communications between the User and TFG; and
14.4 when the User sends an email or message through the Website to TFG, it is deemed to have been received when TFG replies to the message. An autoresponse from a Website is not regarded as a reply;
14.5 when TFG sends an email to the User, it is deemed to have been received when the User is capable of downloading the email.
15. Applicable and governing law
The Website is hosted, controlled and operated from the Republic of South Africa and therefore, subject to clause 5’s Alternative Dispute Resolution paragraph, the South African law enforced by the South African courts governs the use of, or inability to use, the Website, its content, Services, products and these terms and conditions.
The Foschini Group disclaim all liability for any loss, damage or expense however caused, arising from the use of or reliance upon the information provided through this service and does not guarantee the completeness or accuracy of the information.
17. Legal costs
TFG shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
18. TFG (The Foschini Group) eGift Cards Terms & Conditions:
18.1 By purchasing or using a TFG eGift Card, you accept the terms and conditions set out below.
18.2. eGift Cards can be purchased with cash (cash, credit card, debit card) or on a TFG account, either in-store or online (online purchases are currently only available in South Africa).
18.3. eGift Cards can be purchased and redeemed at any of the following TFG stores (if available in your country): @home, @homelivingspace, American Swiss, Anatomy, Archive, Charles & Keith, Colette, Donna, Duesouth, Duesouth Escapes, Exact, Fabiani, The FIX, Foschini, G-Star Raw, hi, Markham, Mat & May, Next, Relay Jeans, Soda Bloc, sportscene, Sterns or Totalsports.
18.4. eGift Cards can only be redeemed in the country where they were issued.
18.5. eGift Cards are currently only available in South Africa, Namibia and Zambia.
18.6. eGift Cards cannot be redeemed online in Namibia and Zambia.
18.7. No discounts of any nature whatsoever apply to eGift Cards, i.e. you must pay the full value of the eGift Card you are purchasing.
18.8. Plastic store Gift cards, which are not eGift cards, are not redeemable online.
18.9. Any value can be loaded onto an eGift Card, subject to the following minimum and maximum amounts:
a. In South Africa, a minimum amount of R50.00 (fifty Rand) must be loaded, and the maximum amount that can be loaded is R5,000.00 (five thousand Rand);
b. In Zambia, a minimum amount is ZMW 30 (thirty Kwacha) must be loaded, and the maximum amount that can be loaded is ZMW3 500 (three thousand five hundred Kwacha);
c. In Namibia, a minimum amount of N$50.00 (fifty Namibian Dollars) must be loaded, and the maximum amount that can be loaded is N$5 000.00 (five thousand Namibian Dollars).
10. eGift Cards cannot be used to reduce an outstanding balance on a TFG account.
11. Change for any value remaining on an eGift Card after redeeming it, will not be given.
12. The purchase of an eGift Card cannot be refunded i.e. you cannot change your mind about purchasing an eGift Card once the sale has been concluded.
13. A voucher cannot be used to purchase an eGift Card.
14. eGift Cards can be redeemed in conjunction with a voucher when making a purchase online or in-store.
15. eGift Cards can be used in full or for part payment of goods which you buy in-store or online.
16. If a store is offline, you will not be able to purchase or redeem an eGift card.
17. eGift Card purchase and redemption transactions cannot be reversed.
18. eGift Cards cannot be exchanged for cash
19. eGift Cards are treated as cash and therefore any lost or stolen eGift cards will not be replaced. If your eGift Card is lost or stolen, you must report this at your closest TFG store or call Customer Services (number below). The eGift Card will be blocked immediately and will only be replaced if the value on the eGift Card has not yet been redeemed.
20. eGift Cards will expire 3 years after the date that they have been loaded.
21. To check your eGift Card balance, call 0860 576 576 or click here (link to online balance enquiry). Non-SA countries can call +27 21 938 7666.
22. TFG is not liable for any lost or stolen eGift Cards once purchased.
23. When you use your eGift Card, the amount of your purchase will be deducted from the balance on the eGift Card.
24. All refunds of goods purchased with an eGift Card will be made in accordance with TFG’s refund policy. Any refunded amount will be credited to an eGift Card and will not be given to you in cash. Click here for our Refund Policy.
25. These terms and conditions are subject to change without notice and you will bound to any changes made.
TFG’s terms and conditions for Lay-bys
In these terms and conditions (“the Terms”), unless the context indicates the contrary:
1.1 “Lay-by” means the offering of a facility where we reserve goods, which you have chosen, in your name, while you pay for the goods over a period of time. We will hold on to the goods, until they are paid for in full, when we will deliver them to you.
1.2 “TFG” means your counterparty to these Terms, being, as the case may be, either:
- In South Africa: Foschini Retail Group (Pty) Ltd, Registration number 1988/007302/07 of Stanley Lewis Centre, 340 Voortrekker Road, Parow East, 7500, South Africa;
- In Lesotho: Foschini (Lesotho) (Pty) Ltd, Registration number 1980/56 of Dolphin House, Annex 1/23, Motsoene Road, Maseru, Lesotho;
- In Eswatini: Foschini (Swaziland) (Pty) Ltd, Registration number 117/1980 of 2nd Floor, Development House, Swazi Plaza, Mbabane, Eswatini;
- In Namibia: Fashion Retailers (Pty) Ltd, Registration number 821 of 24 Orban Street, Klein Windhoek, Windhoek, Namibia;
- In Botswana: Foschini (Botswana) (Pty) Ltd, Registration number 811/1970 of Plot 50371, Fairground Office Park, Gaborone, Botswana;
- In Zambia: Fashion Retailers (Zambia) Limited, Registration number 84431 of 1st Floor, Zimbabwe House, Haile Selassie Avenue, Longacres, Lusaka, Zambia;
- In Ghana: The Foschini Group Ghana Limited, Registration number CS323952013 of 2nd Floor, Cedar House, 13 Samora Machel Road, Asylum Down, Accra, Ghana;
- In Kenya: The Foschini Group Kenya Limited, Registration number CPR/2015/189517 of LR No 1/1228, 1st Floor, Chaka Place, Argwings Khodhek Road, Nairobi, Kenya.
1.3 “Personal Information” means any and all that information you give us or that we already hold about you, which we may retain or record.
1.4 “We, us, our” means TFG, and where relevant, our subsidiary and holding companies, any subsidiary of any of our holding companies and any person to whom we transfer any of our rights or obligations.
1.5 “You” means the person using the Lay-by facility.
2. Use of the Lay-by facility
2.1 When you choose goods to Lay-by, you will be required to pay a deposit on opening the Lay-by facility. The store staff will advise you of the amount of the deposit you are required to pay.
2.2 You must then make a minimum of one payment every month until the goods are paid for in full. You may decide to pay more frequently if you wish.
2.3 The maximum period for a Lay-by is 6 (six) months for jewellery, and 3 (three) months for all other goods.
2.4 Each monthly payment will be an equal share of the balance owing after the deposit is paid, and will be payable over the 3 (three) or 6 (six) month Lay-by period (whichever is relevant).
2.5 Termination and Cancellation Fee:
2.5.1 If you terminate the Lay-by before paying for the goods in full, we will charge you a cancellation fee of 1% of the Lay-by (“the Cancellation Fee”).
2.5.2 If you fail to pay for the goods in full within 60 (sixty) business days after the Lay-by completion date (the end of the 3 (three) or 6 (six) month Lay-by period) we will cancel the Lay-by and charge you the Cancellation Fee.
2.5.3 We will cancel the Lay-by if you fail to fail to comply with the Terms.
2.6 In the event that the Lay-by is terminated as per 2.5.1 - 2.5.3 above, you will be refunded any amount that you have paid towards the Lay-by, less the Cancellation Fee.
2.7 We will not charge you the Cancellation Fee if you do not complete the Lay-by due to your hospitalisation or death.
2.8 We will give you notice by e-mail or SMS if we cancel the Lay-by.
2.9 No goods will be delivered to you until the Lay-by has been paid in full.
2.10 Certain goods may not be reserved on Lay-by and certain TFG brands may not allow Lay-bys. The store staff will advise you of this.
3. Monthly statement and payment
3.1 We will send you a Lay-by statement each month by email or SMS, which will show:
3.1.1 all transactions relating to your Lay-by, including deposits and payments made;
3.1.2 the current payment due and the due date;
3.1.3 the Lay-by balance carried forward and the Lay-by end date.
3.2 It is your responsibility to check your statement. Unless you notify us in writing within 30 (thirty) days of the date of your statement of any errors thereon, you will be deemed to be liable therefore.
3.3 You must pay the full payment due by the end of the Lay-by period.
3.4 You may pay the payment due at any TFG store.
4.1 You hereby consent that we may institute any legal proceedings relating to your Lay-by in any court that has jurisdiction over you. Your Lay-by will be governed by the relevant laws applying in your jurisdiction.
4.2 If we do not immediately carry out or implement any of our rights in terms of the Lay-by for any reason or purpose, it does not mean that we have given up or waived any of those rights.
4.3 We may monitor and record all phone calls and other interactions with you.
4.4 You confirm that you understand these Terms, the risks relating to the Lay-by and your rights and obligations.
4.5 We may cede, assign or transfer any of our rights or obligations, or arrange that any third party carries out any of our rights or obligations in terms of the Lay-by, without your consent and without notice to you.
4.6 We will not be liable for anything outside of our reasonable control, for example computer system failures, power failures which happen for reasons outside of our reasonable control, any industrial action, political unrest, or war, if this prevents us from providing our usual service.
4.7 We may at any time amend or replace these Terms and if we do so, it does not mean a new Lay-by will come into place. You will be bound by the new terms from the time they are released.
4.8 You must have the required legal capacity to enter into a Lay-by agreement. We may require that you provide us with proof of identification.
4.9 If we grant you a Lay-by, it does not mean that we will do so again in the future. We have the right to refuse to enter into any further agreements with you.
4.10 Please call the TFG Customer Services department if you have any questions: +27 21 938 7666, 08h00 - 17h00, from Monday to Sunday.
5. Your personal and confidential information
5.1 We will process your Personal Information for purposes of processing, opening and maintaining the Lay-by.
5.2 We will keep your Personal Information only for as long as we need to or have to by law.
5.3 You expressly agree and consent that we may disclose your Personal Information to:
5.3.1 any person working for us;
5.3.2 any person to whom we transfer any of our rights or obligations;
5.3.3 anyone you authorise us to give your personal information to.
5.4 We may transfer, license or otherwise authorise the use of any of your Personal Information to the extent lawful.
5.5 The complete TFG Privacy Statement is available on our website: www.tfg.co.za.
TERMS AND CONDITIONS FOR REPAIRS, VALUATIONS AND RING RESIZING REQUESTS
“Repairs” include the following:
· sport equipment repairs
· appliance repairs
· watch repairs
· technical equipment (laptops, televisions etc) repairs
· shoe repairs
· eyewear repairs
· cellphone repairs
· jewellery repairs
· jewellery valuations
· ring resizing
A. ARE YOUR GOODS SUITABLE FOR REPAIR?
Repairs are only available in respect of certain goods and under certain circumstances. We will only repair sport equipment, appliances, watches, technical equipment, shoes, eyewear, cellphones and jewellery that were purchased from one of our stores. Please go to any one of our stores of the same name brand as where you purchased your goods and speak to one of our store consultants to find out whether your goods are suitable for a specific Repair (for example, you can go to any Sterns store to enquire about ring resizing, if you purchased your ring from Sterns). Make sure that you have your proof of purchase and proof of identification (ID book, ID card, passport or driver’s license) with you when you submit your Repair request.
1. If you provide us with your goods to Repair, you warrant that you:
a. are the owner of the goods;
b. are legally allowed to enter into an agreement with us (for example, you have reached the age of majority); and
c. accept all risk and indemnify us against any claims, damage or loss that may arise from our temporary possession and Repair of the goods.
2. Defective items:
If, within six months after you purchased your goods, it is faulty or defective, you may return it to us, accompanied by the original, unaltered tax invoice, provided that the goods have been used for its intended purpose and has been cared for according to any instructions that accompanied the item. We may in certain instances require an assessment of the item and require you to pay us an assessment fee before we do an assessment. If, after we have assessed the item, we find that the item is defective or that there are quality issues, we will refund your assessment fee and either repair the item, replace the item or refund you the value of the item in the same way that you paid for the item. Separate policies exist for appliances, certain branded goods, technical equipment and cellphones, which will have a separate manufacturer’s warranty.
3. We will not provide you with a refund, accept return of the goods or repair your goods if we discover in our assessment that:
a. The goods were subject to misuse, abuse or product modifications made by unauthorised third parties;
b. The goods were not used for its intended purpose;
c. Ordinary wear and tear is the result of the failure/flaw; and/or
d. Where the model production or serial number on the goods has been altered, deleted, removed or made illegible.
4. If the goods are repaired by us and within 3 months after you have collected the repaired goods, the defect, failure or unsafe feature has not been remedied or a further defect is found, we will replace the goods or refund you in the same way that you have paid for the goods. This warranty applies in addition to any common law, public regulation, or warranty by a producer, importer, distributor or manufacturer.
5. In the event that you choose to have your goods repaired more than 6 months after the date that you purchased the goods, we reserve the right to charge a Repair fee.
B. PRICES, DEPOSITS AND QUOTATIONS
1. Once we receive your Repair enquiry, we will provide a complimentary price quotation with no obligation to accept.
2. Your quotation amount will either be communicated to you immediately upon request in the store, or in the event that the goods must be sent to our workshop for assessment, the quotation will be sent to you by email or SMS. You will have to accept the quotation before we will proceed with the Repair.
3. Repairs do not qualify for promotions or discounts.
4. If your Repair request is to have a ring resized, please confirm the correct ring size before we submit your request. We will only be able to accommodate resizing requests in very limited circumstances. Ability to resize a ring is determined by various factors, for example ring width, ring style, setting and metal type. If you do not know the correct ring size, our store consultants will assist you on request. If you request a size change after you have accepted our quotation, we will charge an additional change fee.
5. The fees charged for Repairs vary, depending on (for example) whether the goods are still under warranty, the availability of the spare parts, the condition of the goods, the materials that the goods are made of and the characteristics of the goods.
6. Quotations are valid for 7 business days from date of issue and are subject to change once this time period has expired.
7. Upon your approval of the quotation, payment of a specified amount or a deposit may be required in order to initiate the Repair:
7.1 Cash/debit card/credit card/EFT payments for Repairs:
7.1.1 A deposit may be charged. The deposit is payable upfront in cash, by means of your debit or credit card, or Electronic Funds Transfer (‘EFT’).
7.1.2 Deposit amounts vary, depending on the nature of the Repair.
7.1.3 If you paid your deposit by means of EFT, you must provide us with proof of payment from your bank. Your Repair will only be initiated once the funds reflect in our bank account.
7.1.4 The deposit payment will be applied toward your final payment amount for your Repair and may not be applied toward any other purchase from us.
7.2 Payments for Repairs made on your TFG account:
7.2.1 Full payment of the total amount quoted for the Repair is required upfront, which will be debited to your TFG account. Payment of repairs may not be debited to a Big Buy Account.
7.2.2 You may choose to pay for the Repair over 6 or 12 months.
7.2.3 Should payment be debited to your TFG account, please note that the terms and conditions for TFG’s store cards will apply in addition to these Repair terms and conditions.
7.2.4 Depending on the period of time it takes to repair your goods, you may be required to pay one or more installments which include a portion of the Repair cost, interest and fees (depending on your chosen payment plan), before you collect your goods.
C. COMPLETION AND COLLECTION
1. Our store consultants will give you an expected completion date for your Repair, or you will receive an expected completion date by email or SMS.
2. Most Repairs are completed within the time period that is communicated to customers, but unforeseen delays could occur. The expected completion date is only an estimate and any delays will be communicated to you wherever possible. We will not be liable for any direct, special or consequential losses or damages that result from completion delays.
3. We will notify you once your repaired goods are ready for collection, using the contact details that you provided us with. Please note that we do not deliver repaired goods.
4. You will have 90 days from the date that we sent the notification, to collect your repaired goods from the store that you indicated on this form. If you fail to collect the repaired goods within 90 days that we sent you the notification of completion, your goods will be deemed abandoned by you and we reserve the right to sell your goods to cover our costs of work done in respect of your goods, and/or the costs of safekeeping of your goods. In the event that your goods are sold by us as set out above, you expressly indemnify us and waive any claims for loss or damage incurred as a result, whether directly or indirectly of your goods being sold.
5. You must inspect your repaired goods upon collection. You will be required to sign confirmation of collection if the Repair meets your expectations in terms of look and quality. This will be proof that the repaired goods have been collected in a satisfactory condition.
6. If you have paid a deposit for your Repair, you will have to pay the full balance due upon collection of your Repair, after you have inspected the goods and signed confirmation of collection. Payment can be made in cash, EFT, by means of your debit or credit card, or it can be debited to your TFG account. If you choose to pay the balance due by means of EFT, you must do so at least 3 business days before you collect the goods (so we can ensure that the funds reflect in our bank account) and provide us with proof of payment from your bank upon collection.
D. CANCELLATIONS, RETURNS AND EXCHANGES
In the event that you:
1. cancel your Repair after you have accepted our quotation, but before collection; or
2. wish to return your repaired goods,
you will not be entitled to a refund, exchange, credit, or further repair, unless the item is defective.
E. LIABILITY AND INDEMNITIES
In addition to the indemnity contained in C(4) above, you acknowledge and agree that:
1. We shall at all times exercise reasonable care when taking possession of your goods, however you expressly acknowledge and confirm that you accept all risk of possession, damage or loss of whatever nature and howsoever arising to any of your goods, including but not limited to any damage (whether direct and consequential) caused by any act or omission on the part of us, our employees, agents, sub-contractors, technicians or any other party, including but not limited to it being caused as a result of negligence or otherwise.
2. It is your sole responsibility to comprehensively and suitably insure your goods which are handed to us for any purpose whatsoever against any loss, theft, damage or any other insurable event, irrespective whether such insurable event occurs at our premises or those of our sub-contractors, agents, technicians and any other party; or during transit to and from our premises or that of our sub-contractors, agents, technicians and any party who handles the item at our request in the ordinary course of business. You will ensure that it complies at all times with the terms of conditions as may be contained in your insurance policy document and shall under no circumstances attempt to assign such responsibility or obligation to us.
3. We do not acknowledge, confirm or make any statement regarding the supposed identity, quality, size, colour and/or any other characteristics of your goods, unless expressly recorded and stated to the contrary and in writing on our official stationery and signed off by one of our authorised representatives.
4. In certain instances where repair work or resizing is performed on goods, or where the goods are exposed to certain mechanical and/or chemical processes and/or heat sources as are reasonably required to achieve the desired outcome, there is a real risk that such goods or its components may break, crack, become discoloured or reduced in size and appearance or otherwise damaged, which may affect the characteristics or the value of the goods. While we take the utmost care to avoid or limit such eventualities, you expressly indemnify us against, and waive any claims for loss or damage incurred as a result, whether directly or indirectly of such damage or change in characteristics of your goods.
5. We shall exercise all reasonable diligence and care when requested to provide you with a valuation and opinion as to the value, identification or certification of your goods, as we use industry-recognised measurements, tools and identifiers. However, such which opinion shared with you shall remain and be regarded as confidential. Accordingly we cannot assume any liability whatsoever and you hereby indemnify us against and waive any claims for loss or damages incurred, whether directly or indirectly, suffered as a consequence of relying on any opinion, certification or valuation provided at your request, where such opinion, certification or valuation contains any factual inaccuracies, errors or inaccurate information.
F. PERSONAL DATA
You agree that we may:
1. process your personal data for the purposes of concluding this agreement, complying with your instructions and the prevention and detection of fraud and criminal activities; and
2. transfer our rights and obligations as set out in these terms and conditions to a third party, for example workshops and suppliers, without your consent and without notice to you. In such an event the third party will then process your personal data. Please refer to our privacy statement on www.tfg.co.za for full details on how your personal data is dealt with.
G. CHANGES MUST BE IN WRITING
Please contact our Customer Services if there are any changes in the information you have given us (above), for example your contact information.
H. WHO WE ARE AND HOW TO CONTACT US
“We”, “us” and “TFG” refer to any of the subsidiary companies of The Foschini Group Limited in each country where it trades, with the primary business address at Stanley Lewis Centre, 340 Voortrekker Road, Parow East, 7500, South Africa.
Customer Services contact number: (RSA) 0860 576 576 and non-RSA: +27 21 938 7666. Email: firstname.lastname@example.org