SPITZ GROUP - RETURNS POLICY

This returns policy (“Returns Policy”) of A & D Spitz (Pty) Ltd (“Spitz”), as well as the provisions of the Consumer Protection Act 68 of 2008 (“CPA”), should be adhered to at all times. Some credits can however, be processed at the discretion of Spitz’s management. This Returns Policy also applies to Lay-By items.

This Returns Policy applies to all merchandise sold in Spitz Group stores under the Spitz, Kurt Geiger, Green Cross, GX&Co and Eden Park brands.

Note: If merchandise was purchased on sale or on promotion, then the exchange or refund will be to the value of the amount actually paid for the merchandise, being the discounted price as per the discounted value set out on the till slip.

South African law shall govern this Returns Policy and the courts of South Africa shall have exclusive jurisdiction.

1. Non-Defective Merchandise

Non-Sale/Promotional Items (Merchandise Not Purchased on Sale or on Promotion)

1.1 Customers can return merchandise for a refund or exchange within 30 (thirty) days of the date of purchase, provided that:

1.1.1 the merchandise is in its original or the same condition and packaging;
1.1.2 the merchandise has not been worn or used;
1.1.3 the price (swing) ticket and labels are attached to the merchandise or its packaging;
1.1.4 the original till slip, as proof of purchase, is presented;
1.1.5 merchandise sold with promotional gifts is returned together with the promotional gift; and
1.1.6 the merchandise is returned in the country of purchase.

Sale/Promotional Items (Merchandise Purchased on Sale or on Promotion)

1.2 Customers can return merchandise purchased on a sale or a promotion for a refund or exchange within 7 (seven) days of the date of purchase, provided that:

1.2.1 the merchandise is in its original or the same condition and packaging;
1.2.2 the merchandise has not been worn or used;
1.2.3 the price (swing) ticket and labels are attached to the merchandise or its packaging;
1.2.4 the original till slip, as proof of purchase, is presented;
1.2.5 merchandise sold with promotional gifts is returned together with the promotional gift; and
1.2.6 the merchandise is returned in the country of purchase.

2. Defective Merchandise

2.1 Customers will be entitled, at their election, to a refund or repair or to exchange any purchased merchandise, which does not comply with the provisions of section 55 of the CPA (“Defective Merchandise”) provided that:

2.1.1 such Defective Merchandise is returned within 6 months of the date of purchase or date of delivery for Lay-By purchases;
2.1.2 the customer presents proof of purchase;
2.1.3 the Defective Merchandise has been used for its intended purpose; and
2.1.4 the Defective Merchandise is returned in the country of purchase.

2.2 The provisions of clause 2.1 above apply to all items, including sale items and/or items bought on promotion.

2.3 Should a customer elect to have the Defective Merchandise repaired, the repaired item will have a 3 month warranty in respect of the repairs and if the repaired item is still defective after the repair the customer will be entitled to either a refund or an exchange.

2.4 Merchandise will not be regarded as defective and a customer will not be entitled to a refund or repair or an exchange in circumstances where the faults in the merchandise result from:

2.4.1 normal wear and tear; and/or
2.4.2 negligence or damage arising from misuse and/or improper or inadequate care of the merchandise; and/or
2.4.3 where the items have been altered and/or dealt with or used contrary to the manufacturer’s instructions.

3. Exclusions

3.1 A customer may not under any circumstances return the following:

3.1.1 underwear (in terms of public regulations); and/or
3.1.2 merchandise that a customer or any other person has altered, repaired, incorporated or added to and such alteration, repair, incorporation and/or addition has not been authorised and agreed to in writing by Spitz; and/or
3.1.3 any soiled items (if also not defective).

4. Refunds

4.1 In the event that a customer qualifies for a refund in terms of this Returns Policy and has complied with all the relevant provisions of this Returns Policy, Spitz will refund the Customer the full purchase price paid for the refunded merchandise, or if the merchandise was purchased on sale or on promotion, then Spitz will refund the Customer the amount actually paid for the merchandise, being the discounted price as per the discounted value set out on the till slip. Authorised refunds will be made as follows:

4.1.1 cash and debit purchases will be refunded to the customer in cash;
4.1.2 credit card purchases will be refunded to the applicable credit card used to make the initial purchase;
4.1.3 account purchases will be refunded by crediting the customer’s account; and
4.1.4 Gift Card purchases will be refunded either by crediting the Gift Card used to make the initial purchase, or the issuing of a new Gift Card (electronic or otherwise).

5. Marketing Communication from Spitz and other AVI Limited Brands

5.1 If you have elected to receive communication from Spitz and other AVI Limited brands, your personal information and contact details will form part of the Spitz database and we will process such personal information strictly in accordance with the provisions of the Protection of Personal Information Act, 4 of 2013.

5.2 Personal information collected will be used for direct marketing only if you have (a) given your consent; or (b) are a customer of Spitz and we obtained your contact details in the context of the sale of a product or services.

5.3 We will only use your personal information for marketing our own products or services and you will receive marketing communication regarding, (without limitation) upcoming promotions, competitions and offers related to Spitz and other AVI Limited brands.

5.4 Your personal information will be shared with the other AVI Limited brands and their agents to the extent necessary in order to ensure that you receive the marketing communication either via email or SMS and, if applicable, for prizes to be delivered in the event that you are a prize winner.

5.5 You may at any time object, free of charge, to the use of your personal information and opt out of receiving direct marketing communication. Should you wish to opt out, please select the opt-out option made available to you, or contact the Spitz Consumer Care Line.

6. All terms and conditions can be viewed on our websites at www.spitz.co.za, www.kurtgeiger.co.za, www.green-cross.com, www.gxandco.com and/or www.edenparksa.co.za

7. If you have questions regarding any matter relating to your privacy or personal information, or if you believe there has been a breach of your privacy or your personal information, you may contact us on 0860 109 321 or talk2us@spitz.co.za and/or talk2us@kurtgeiger.co.za and/or talk2us@green-cross.com and/or talk2us@gxandco.com and/or talk2us@edenparksa.co.za

8. Alternatively you may file a request for access to personal information in accordance with the AVI Manual in terms of Section 51 of the Promotion of Access to Information Act, 2 of 2000, available at avi.co.za/wp-content/uploads/2017/03/Promotion-of-Access-to-Information-Manual.pdf.

9. Alternatively you may submit a complaint to the Information Regulator in the prescribed manner and form at justice.gov.za/inforeg/index/html.