Smeg Returns and Refunds Policy

Version 1.0

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Definitions

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

You may return Goods purchased on the Website (unless stated otherwise) in their new, unopened condition within 7 Business Days after delivery of the Good/s or collection of the Good/s a full refund. Goods may also be exchanged for other Goods on the Terms and Conditions contained herein. Please see below for further information on how to return an item.

The Consumer Protection Act, 68 of 2008 (“the Act”) is applicable and provides conditions when Goods can be returned to Smeg and provides for instances when refunds can be given to you. The Terms and Conditions contained in this policy should be read in conjunction with the provisions of the Act.

 

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.

  1. Our goods

We supply physical, tangible Goods.

  1. Read instructions

Please carefully read and follow all instructions that accompany the use, functionality and care of our Goods. For example, any usage manuals, and documents that help you use our Goods.

  1. Orders in Advance

If Smeg makes a commitment or accepts to supply Goods to you on a later date, Smeg will require you to and will be entitled to charge a reasonable deposit in advance. You will forfeit this deposit if you cancel the order within 10 Business Days prior to the agreed upon delivery date. Smeg will not impose any cancellation fee on you if you are unable to honour the order because of death or hospitalisation of the person for whom or for whose benefit the order was made.

  1. Cooling-off period for electronic transactions

Section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) may apply to your electronic transactions. If you qualify as a consumer under the ECTA, you may be entitled to cancel some electronic transactions within seven days of placing the order, without reason or penalty. ‘Cancel’ means each party will be placed in the same position that they were in before the transaction took place. This means that you have to return a new, unused good, and we will refund the purchase price. Section 44 of ECTA is only applicable if you are a natural person – in other words, a human being. You must also be the end user of the Goods or service. The transaction must be an electronic transaction — a transaction concluded via (in whole or in part) the Website, email, or SMS.

You may be charged a direct cost in returning the Goods.

If you have effected payment of the Goods prior to exercising you right to cancel in terms of Section 44 of ECTA, Smeg will be liable to fully refund you of such payment which refund will be made within 30 days of cancellation.

4.1. Return of goods in terms of cooling-off period

You must return any Goods in their new condition with all original packaging, all materials (including any accessories, parts, usage manuals, and documents), in its original condition with all seals and/or stickers intact and must be undamaged or tampered with. We will refund the purchase price of the Goods within 30 days of the date of cancellation.

  1. Unsafe or defective Goods

You have a right to return Goods if the goods are unsafe or defective within 6 months after the delivery of the Goods to you without incurring any penalty at Smeg’s risk and expense.

Smeg will either repair or replace the failed, unsafe or defective Good/s or refund you the price that you paid for the Good/s.

  1. Goods delivered to you in terms of an agreement arising out of direct marketing and you have rescinded the agreement during the cooling-off period in terms of section 16 of the Act

You have a right to return Goods to Smeg in terms of an agreement arising out of direct marketing and you have rescinded that agreement during the cooling-off period, in accordance with section 16 of the Act.

You will need to return these Goods to Smeg at your risk and expense.

You will receive a full refund of any consideration paid for those Goods if Smeg has delivered the Goods to you in terms of the above and you return the Goods in the original unopened packaging less any amount that Smeg may charge in terms of the below or as otherwise envisaged in the Act.

If you return the Goods in the original condition and repackaged in their original packaging, Smeg may charge you a reasonable amount for the use of the Goods during the time they were in your possession, unless they are Goods that are ordinarily consumed or depleted by use and no such consumption or depletion has occurred or any consumption or depletion of the Goods unless that consumption or deletion is limited to a reasonable amount necessary to determine whether the Goods were acceptable to you. Smeg may charge you 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 you to destroy the packaging in order to determine whether the Goods conformed to the description or sample provided in the case of Goods that had not been examined by you before delivery of the Goods or were fit for the intended purpose.

You will need to return the Goods within 10 days after delivery of the Goods to you.

  1. Goods not examined before delivery in terms of section 19(5) of the Act

You have a right to return Goods to Smeg for Goods that you did not have an opportunity to examine before delivery and you reject delivery of those Goods for any reason as contemplated in section 19(5) of the Act including whether you are satisfied with the Goods in terms of type and quality, in accordance with the provisions of the Act.

You will receive a full refund of any consideration paid for those Goods if Smeg has delivered the Goods to you in terms of the above and you return the Goods in the original unopened packaging less any amount that Smeg may charge in terms of the below or as otherwise envisaged in the Act.

If you return the Goods in the original condition and repackaged in their original packaging, Smeg may charge you a reasonable amount for the use of the Goods during the time they were in your possession, unless they are Goods that are ordinarily consumed or depleted by use and no such consumption or depletion has occurred or any consumption or depletion of the Goods unless that consumption or deletion is limited to a reasonable amount necessary to determine whether the Goods were acceptable to you. Smeg may charge you 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 you to destroy the packaging in order to determine whether the Goods conformed to the description or sample provided in the case of Goods that had not been examined by you before delivery of the Goods or were fit for the intended purpose.

You will need to return the Goods within 10 days after delivery of the Goods to you.

  1. Goods mixed up with goods of a different description

You have a right to return Goods to Smeg if you receive delivery of a mixture of Goods (some Goods that you agreed to and some Goods that have a different description to what you agreed with Smeg) and you refused delivery of any of those Goods.

You will receive a full refund of any consideration paid for those Goods if Smeg has delivered the Goods to you in terms of the above and you return the Goods in the original unopened packaging less any amount that Smeg may charge in terms of the below or as otherwise envisaged in the Act.

If you return the Goods in the original condition and repackaged in their original packaging, Smeg may charge you a reasonable amount for the use of the Goods during the time they were in your possession, unless they are Goods that are ordinarily consumed or depleted by use and no such consumption or depletion has occurred or any consumption or depletion of the Goods unless that consumption or deletion is limited to a reasonable amount necessary to determine whether the Goods were acceptable to you. Smeg may charge you 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 you to destroy the packaging in order to determine whether the Goods conformed to the description or sample provided in the case of Goods that had not been examined by you before delivery of the Goods or were fit for the intended purpose.

You will need to return the Goods within 10 days after delivery of the Goods to you.

  1. Unwanted Goods

We want you to be happy with your purchase, and we understand if you suddenly have a change of heart. You may return our Goods in their new, original unopened packaging, undamaged, unused, with all original seals and/or stickers intact and must not be tampered with, within 7 days of delivery for a full refund. Please see below for information in how to return an item, how to package the return and how we process your refund. Please log a return on our website.

  1. Incorrect item delivered

We do our best to ensure the product information, availability, purchase price and associated delivery times and fees are accurately reflected on our Website. Please notify us within 7 days (the sooner the better) by logging a return on our Website for a full refund.However, should we accidentally deliver the wrong Good to you or if the Good is not as described on the Website, or is missing any parts:

  • please do not remove the Good/s from its original packaging or any of the stickers or labels.
  • notify us as immediately and we will collect the Good/s from you at no charge.

If you decide, we will:

  • deliver the correct Good/s to you as soon as possible (if available); or
  • send you a voucher for the purchase price of the Good/s; or
  • issue a refund (using the same method of payment you originally used for the purchase).

 

Please note that a refund is not available if the Good/s was/were received as a gift.

  1. Goods damaged on delivery

If your Good/s arrive damaged, missing any parts or accessories, or is inoperable, then we will do our best to resolve the issue. Please notify us within 7 days (the sooner the better) by logging a return on our website.

We will require the following information to assess where in the delivery process the damage may have occurred:

 

  • photograph of the outer box (including whether it has a Fragile sticker or not);
  • photograph of the inside of the box, including the inner packaging; and
  • photograph of the damaged item.

 

If necessary we will arrange collection of the product from you at no charge. Once we have inspected the product or photographs and validated your return (if needed), we will, according to your preference:

 

  • replace the product (if available); or
  • issue a refund voucher for the purchase price of the product or
  • issue a refund (using the same method of payment you originally used for the purchase).
  • Please note that a refund is not available if the item was received as a gift.

 

  1. How to return an item

There are different methods of returning an item:

  • you may drop off the item at any of our showrooms or warehouse and logistics centre. There is no cost associated with this.
  • you may select a pick-up date and the item will be collected from you. We may charge a fee for this service.
  1. How to package an item you want to return

The returning product must be packed, in its original packaging, in another box with as much padding and protective packaging as possible so that it can travel safely back to us. Returns that are sent back otherwise will have a 10% repackaging fee levied against them. If the returning product has not been packaged properly and is damaged, then we simply cannot give you a refund. It is your responsibility to package the item correctly.

  1. How we process your refund

10.1. Returns within 7 days

You will be offered a full refund (i.e. credit card or EFT), a 7% fee of the refund amount may be charged. Refunds are handled within 8 to 10 working days of logging the return (refunds can take up to 3 working days to reflect in your account once processed due to banking timelines).

10.2. Damaged goods

Refunds are handled within 8 to 10 working days of logging the return (refunds can take up to 3 working days to reflect in your account once processed due to banking timelines). Replacements may take longer as these are dependent on availability.

  1. Our Goods warranty

We warrant that all our goods are new, safe and  of good quality as set out in section 55 of the Act, except to the extent that these Goods have been altered contrary to instructions or after leaving control of the producer or importer, a distributor or the retailer as the case may be or unless we clearly describe them as used or reconditioned or as having specific defects.

 

 

 

  1. Warrant on repair Goods

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

This warranty is concurrent with any other deemed, implied or express warranty, is void if you have 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.

Statutory warranty against defects

We warrant all our new goods against any defects for 2 years of normal household or business use, from the time we supplied the goods. This is the statutory warranty in terms of the Consumer Protection Act of 2008 (the CPA).

12.1 Defective goods

Defective Goods means any Good/s 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. We highly recommend that you test your purchase as soon as you have received it to make sure that everything is in working order. You must prove that goods are defective.

12.2 Statutory compensation

We will repair, replace, or refund the price of any defective goods that you return to us during the 2-year statutory warranty. Returns must follow our returns procedure below. We will do our best to repair the defective good, or replace it within 21 calendar days. However, if it takes longer, we will contact you to let you know what is happening.

12.3 Choice of compensation

Any customer that is also a consumer under the Act may decide whether we should either repair or replace the defective goods or make a refund.

13.1. Compensation under repair warranty

If you are also a consumer under the CPA, then we may choose to replace or refund the price of any repaired goods that you return to us during the three-month repair warranty period.

  1. Inspection of defective goods

14.1. Suitably qualified examiner

A customer that believes goods are defective should contact us and we will use a suitably qualified Smeg technician to examine the goods and produce a report for us to consider. We will not charge you for this service.

14.2. Our examination duties

Our Smeg technicians are trained to recognise any defects in our Goods. They can usually tell if the Goods have been misused, for example if they have been neglected, damaged, altered or not used according to instructions. Our Smeg technicians will give reasons if they refuse to accept that defective Goods were supplied, but will only do this if they honestly believe the goods have been misused.

  1. Statutory right to return unsuitable Goods

You have a right to return Goods to Smeg if the Goods intended to satisfy a particular purpose communicated to Smeg as contemplated in section 55(3) of the Act and within 10 business days after delivery to you , the Goods have been found to be unsuitable for that particular purpose.

You will receive a full refund of any consideration paid for those Goods if Smeg has delivered the Goods to you in terms of the above and you return the Goods in the original unopened packaging less any amount that Smeg may charge in terms of the below or as otherwise envisaged in the Act.

If you return the Goods in the original condition and repackaged in their original packaging, Smeg may charge you a reasonable amount for the use of the Goods during the time they were in your possession, unless they are Goods that are ordinarily consumed or depleted by use and no such consumption or depletion has occurred or any consumption or depletion of the Goods unless that consumption or deletion is limited to a reasonable amount necessary to determine whether the Goods were acceptable to you. Smeg may charge you 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 you to destroy the packaging in order to determine whether the Goods conformed to the description or sample provided in the case of Goods that had not been examined by you before delivery of the Goods or were fit for the intended purpose.

 

  1. Invalidation of warranties and right to return unsuitable goods

Warranties on any of our Goods will be invalid if any person who is not suitably qualified has opened, tampered with or altered the goods contrary to the instructions or removed the warranty label. This also applies to Goods found to be unsuitable. It is considered fraud to damage goods deliberately to claim a refund.

 

  1. Exclusion of industrial use

All Goods offered on this Website are not intended for any industrial or unusual commercial use.

 

  1. Our returns and refunds procedure

You must use our returns and refunds procedure for returning defective or unsuitable goods or for any other reason provided for in this policy or the Act, or else we may refuse to accept them. Our returns and refunds procedure is as follows:

We’ve made the returns and exchange process even easier by creating a little self-help online system for you. Simply fill out the form and hit submit. A customer support agent will then get hold of you shortly. Start the process here.

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. If original delivery packaging is not available, please make sure the Goods are in protective packaging as we are not responsible for any damage in transit. If the returning product item has not been packaged properly and is damaged, then we simply cannot give you a refund. It is your responsibility to package the item correctly.

When you receive your returns reference number (e.g.: SMEG12345), please write the return claim number (e.g.: SMEG12345) clearly on the outside of the package. We may refuse to accept a package that does not have this return reference number on it.

You may choose to have the item collected by our couriers or drop it off at any of our showrooms or warehouse and logistics centre at no additional charge.

If you claim that our Goods are defective, our Smeg technicians will examine the actual Goods for defects. They will report to us whether the Goods were defective, were misused, or are of good quality. We do not regard the following as defective:

  • faults resulting from normal wear and tear;
  • damage arising from negligence, user abuse or incorrect usage of the product;
  • damage arising from electrical surges or sea air corrosion;
  • damage arising from a failure to adequately care for the product;
  • damage arising from unauthorized alterations to the product; or
  • where the specifications of a product, although accurately described on the website and generally fit for its intended purpose, do not suit you.

If you claim that our Goods are unsuitable for your purposes, we will first investigate whether you communicated the purpose to us. If you did, we will then provide you with a written report indicating whether we believe the Goods were unsuitable for your specific purpose or not.

If you returned the Goods within the seven day cooling-off period and our staff report that the goods were defective, were provided to you for your specific purpose and were unsuitable for that purpose, then we will either contact you and ask you whether you would like us to repair, replace, or refund the price of the goods (if you are also a consumer under the Act) or advise you how we have decided to compensate you (if you are not a consumer under the Act).

If you choose for us to repair or replace the goods or we decide to do so ourselves, we will contact you as soon as reasonably possible to organise the necessary steps to repair or replace the Goods.

If you choose for us to make a refund or we decide to do so ourselves, we will contact you and arrange payment of the refunded amount into a bank account of your choice within 30 days of cancellation.

  1. Our customer support department contact details

Telephone number: TBC

Email address: hello@sicilyismylove.co.za

Office hours:

Monday to Friday 08:00 to 16:30

Saturday 09:00 to 14:00

Not open on Public holidays

  1. Customer queries and complaints

We aim for complete customer satisfaction. We respect our customers’ rights and always try to comply with best practice and all relevant laws. If you are not satisfied with any of our goods, or have any questions, please contact our customer support department and have your invoice ready. We will try our best to solve your problem. We are proud of the reputation of our goods.

  1. Dispute resolution

If we do not accept that we supplied defective or unsuitable goods, and our customer support department has not been able to help, any customer may still take the matter up with a suitable ombud or other dispute resolution body, or take legal action. The dispute resolution procedures under the CPA do not necessarily apply to all transactions with us. This policy does not exclude any other rights customers may have.