Refund policy
1. OUR COMMITMENT
We want customers to be satisfied with their purchases. At the same time, we need to ensure that returned products can be inspected, processed and, where appropriate, resold.
Accordingly, this Policy establishes the procedures and conditions applicable to returns, refunds, exchanges and defective products.
This Policy must be read together with our Terms and Conditions, Privacy Policy and any product-specific terms or warranties displayed on the Website.
2. YOUR STATUTORY RIGHTS
Nothing in this Policy limits rights granted to consumers by applicable South African legislation, including, where applicable:
the Consumer Protection Act 68 of 2008 (“CPA”);
the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”);
the Protection of Personal Information Act 4 of 2013 (“POPIA”); and
other applicable legislation, regulations and common-law rights.
Where legislation gives you a right to return goods, obtain a repair, replacement or refund, this Policy does not remove that right.
3. ONLINE COOLING-OFF RIGHT
Where section 44 of ECTA applies to your transaction, you may cancel the transaction without giving a reason and without penalty:
3.1 for goods, within 7 days after the date on which you received the goods; or
3.2 for services, within 7 days after the date on which the agreement was concluded.
The only amount that may generally be charged in respect of a qualifying return under section 44 is the direct cost of returning the goods.
Where payment has already been made, the applicable refund will be processed in accordance with the statutory requirements.
3.3 Statutory exclusions
The ECTA cooling-off right does not apply to every transaction. Among the statutory exclusions are certain transactions involving:
financial services;
auctions;
foodstuffs, beverages and certain everyday-consumption goods;
services that have commenced with the consumer's consent before expiry of the cooling-off period;
goods made to the consumer's specifications;
clearly personalised goods;
goods which by their nature cannot be returned;
goods likely to deteriorate or expire rapidly;
unsealed audio/video recordings or computer software;
newspapers, periodicals, magazines and books;
gaming and lottery services; and
certain accommodation, transport, catering and leisure services.
Where a statutory exclusion applies, the ECTA cooling-off right will not apply.
4. VOLUNTARY CHANGE-OF-MIND RETURNS
In addition to mandatory statutory rights, Firenx may offer a voluntary change-of-mind return for eligible products.
Unless a different period is expressly stated on the relevant product page, a voluntary change-of-mind return must be requested within [14] days of delivery.
For a voluntary change-of-mind return, the product must generally:
be unused;
be in its original condition;
include all accessories, manuals, components and promotional items supplied with it;
have all original tags, seals and labels where applicable;
be in suitable original packaging where reasonably possible; and
not have been damaged, altered, installed, assembled, customised or misused.
This voluntary return facility is a commercial benefit offered by Firenx and does not replace or restrict any statutory consumer right.
5. PRODUCTS THAT CANNOT BE RETURNED FOR CHANGE OF MIND
Subject always to mandatory statutory rights, voluntary change-of-mind returns may be excluded where the nature of the product makes a return inappropriate or impractical.
This may include, where applicable:
personalised or customised products;
products manufactured or modified specifically for the customer;
products that deteriorate or expire rapidly;
products that cannot reasonably be returned for health, hygiene or safety reasons after being opened or used;
sealed products where applicable law permits exclusion after the seal has been broken;
software, digital products or other electronically supplied products once access, download or use has commenced, where legally permitted;
products that have been permanently installed, altered, assembled or incorporated into another item;
products damaged through customer misuse, negligence or failure to follow instructions; and
products specifically identified on the Website as non-returnable, where legally permitted.
These exclusions do not apply where they would unlawfully remove a consumer's statutory rights relating to defective, unsafe, incorrectly supplied or otherwise non-compliant goods.
6. DEFECTIVE, UNSAFE OR NON-COMPLIANT PRODUCTS
If a product is defective, unsafe, not of the required quality, not reasonably suitable for its intended purpose, or otherwise fails to comply with applicable statutory requirements, please contact us as soon as reasonably possible.
Where section 56 of the CPA applies, a consumer may return qualifying goods within 6 months after delivery, without penalty and at the supplier's risk and expense.
Subject to the CPA, the consumer may be entitled to choose between:
repair;
replacement; or
refund.
Nothing in this Policy limits those statutory remedies.
7. DAMAGE, INCORRECT PRODUCT OR MISSING ITEMS
If you receive:
the wrong product;
a product materially different from the product ordered;
a product damaged before or during delivery;
a product with missing components or accessories; or
an incomplete order,
please notify us promptly after delivery and provide photographs and/or other information reasonably required to investigate the matter.
Where the issue is attributable to Firenx the supplier, manufacturer or delivery process, we will arrange an appropriate remedy in accordance with applicable law.
Customers should not return products at their own expense where applicable law requires the supplier to bear the return cost.
8. PRODUCTS UNSUITABLE FOR A SPECIFIC PURPOSE
If you specifically communicated a particular purpose for which you required a product and Firenx supplied or recommended the product in circumstances contemplated by the CPA, additional statutory rights may apply.
Where applicable, these rights will not be excluded by this Policy.
9. CUSTOMER DAMAGE, MISUSE AND UNAUTHORISED MODIFICATION
A return, refund, repair or replacement may be refused to the extent permitted by law where inspection establishes that the problem resulted from, for example:
accidental damage;
liquid damage;
impact damage;
misuse or abuse;
neglect;
improper installation;
incorrect assembly;
incorrect storage;
use contrary to supplied instructions;
use outside the product's intended purpose;
unauthorised modification or repair;
use of incompatible components or accessories;
electrical damage caused by an unsuitable power supply or electrical installation;
normal wear and tear; or
damage caused after delivery by the customer or a third party acting on the customer's behalf.
This clause does not apply where applicable law nevertheless requires Firenx to provide a remedy.
10. NORMAL WEAR AND TEAR
Normal deterioration resulting from ordinary use is not necessarily a defect.
The assessment of whether a product has failed to meet applicable quality, durability, safety or performance requirements will be made with reference to the circumstances of the transaction and applicable South African law.
11. HOW TO REQUEST A RETURN
To request a return, contact:
Returns email: account@firenx.co.za
Your request should include:
order number;
full name;
contact details;
product concerned;
date of purchase;
reason for the return;
photographs or video where relevant; and
any other information reasonably required to identify or assess the issue.
We may issue a Return Authorisation / Return Reference Number.
Customers should not send products to an address other than the return address provided by Firenx
12. RETURN PACKAGING
Products must be packaged appropriately so that they are reasonably protected during transportation.
Where possible, use the original packaging.
You remain responsible for damage caused by inadequate packaging where the return is being made at your risk under applicable law.
Where Firenx is responsible for the return transportation, we may provide specific instructions regarding collection, packaging and courier arrangements.
13. INSPECTION OF RETURNS
Returned products may be inspected to determine:
whether the product corresponds with the order;
whether a claimed defect exists;
whether the product has been damaged;
whether the product has been used or altered;
whether accessories or components are missing;
whether the relevant statutory or voluntary return requirements have been met; and
which remedy is applicable.
Inspection does not itself remove or delay any statutory right that the consumer has under applicable law.
14. REFUNDS
Where a refund is legally or contractually due, Firenx will process the refund using the original payment method where reasonably possible, subject to the requirements of the relevant payment provider and applicable law.
We will not use store credit, vouchers or replacement goods as a substitute for a statutory monetary refund where applicable law requires a monetary refund.
For voluntary returns, refunds will generally be processed after the returned product has been received and inspected.
Where a statutory refund deadline applies, Firenx will comply with that deadline.
15. SHIPPING AND DELIVERY COSTS
15.1 Change-of-mind returns
For voluntary change-of-mind returns, the customer is responsible for return shipping costs unless Firenx expressly agrees otherwise.
15.2 Defective or incorrectly supplied products
Where applicable law requires Firenx to bear the return or delivery costs associated with a defective, unsafe, incorrectly supplied or otherwise qualifying product, those costs will be handled accordingly.
15.3 Original delivery charges
Whether original delivery charges are refundable depends on the legal basis for the return and applicable law.
We will not contractually exclude a refund of amounts that legislation requires us to refund.
16. EXCHANGES
We may offer exchanges where stock is available.
An exchange is subject to:
product availability;
the condition of the returned product;
the applicable statutory rights; and
any applicable price difference.
Where a consumer has a statutory right to choose a refund, repair or replacement, Firenx will comply with the applicable statutory requirements.
17. SALE, DISCOUNTED AND CLEARANCE PRODUCTS
Discounted products remain subject to applicable consumer rights.
A product being sold at a discount does not, by itself, remove statutory consumer protections.
Where a product is sold in a specifically disclosed condition and the customer expressly accepts that condition, the treatment of that product will be subject to applicable law.
18. THIRD-PARTY MANUFACTURER WARRANTIES
Some products may carry a manufacturer's warranty in addition to rights available under South African law.
A manufacturer's warranty may provide additional rights but does not automatically replace statutory rights available against Firenx where the law makes Firenx responsible.
Where appropriate, we may direct customers to the manufacturer or authorised service centre for warranty processing.
19. FRAUD, ABUSE AND RETURN FRAUD
Firenx reserves the right, to the extent permitted by law, to investigate suspected fraudulent or abusive return activity.
Examples may include:
returning a different product from the one purchased;
serial-number swapping;
intentionally damaging products before returning them;
submitting false defect claims;
repeatedly abusing voluntary return privileges;
returning products containing missing components after removal;
using a product and falsely representing that it was unused; or
providing materially false information concerning a return.
Nothing in this section permits Firenx to refuse a legitimate statutory consumer remedy.
20. PROOF OF PURCHASE
We may request reasonable proof of purchase, such as:
order number;
invoice;
receipt;
payment confirmation;
customer account details; or
other transaction information.
Where the law does not permit a supplier to make a particular statutory remedy conditional on a specific form of proof, this clause will not be interpreted as imposing such a condition.
21. PRODUCTS DAMAGED AFTER DELIVERY
Firenx is not responsible for damage caused after delivery where that damage was caused by the customer, another person acting on the customer's behalf, improper installation, misuse, negligence, accident, unauthorised modification or other circumstances outside Firenx responsibility.
This does not affect any statutory rights that may still apply.
22. DELIVERY AND NON-DELIVERY
If an order cannot be fulfilled because the ordered product is unavailable, Firenx will notify the customer as soon as reasonably possible and provide the remedy required by applicable law.
Where ECTA applies and the supplier fails to execute an order within the applicable period, the consumer may have cancellation rights under section 46 of ECTA.
23. INTERNATIONAL ORDERS
Where Firenx accepts orders for delivery outside South Africa, additional customs, import, tax and consumer-law requirements may apply.
Unless expressly stated otherwise at checkout:
the customer is responsible for applicable import duties and taxes imposed by the destination country;
delivery times may be affected by customs;
local laws in the destination jurisdiction may provide additional consumer rights; and
nothing in this Policy is intended to unlawfully exclude mandatory consumer protections applicable to the transaction.
24. PERSONAL INFORMATION
When processing a return, refund or exchange, Firenx may process personal information necessary to:
identify the customer;
verify the transaction;
arrange collection or delivery;
investigate the return;
process the refund;
prevent fraud;
communicate with the customer; and
comply with legal obligations.
Personal information will be handled in accordance with Firenx Privacy Policy and applicable data-protection law, including POPIA.
25. CUSTOMER RESPONSIBILITY
Customers are responsible for:
providing accurate delivery and contact information;
following product instructions;
using products only for their intended purposes;
taking reasonable care of products while in their possession;
providing accurate information when submitting a return request; and
complying with reasonable return instructions.
A customer is not required to comply with any provision of this Policy to the extent that doing so would unlawfully limit a statutory right.
26. NO DOUBLE RECOVERY
A customer may not obtain multiple remedies for the same loss or transaction beyond what is permitted by applicable law.
Where a refund has been validly issued for a returned product, the customer must not retain the refunded product unless Firenx expressly agrees otherwise or applicable law provides otherwise.
27. LIMITATION OF THIS POLICY
Nothing in this Policy:
excludes the application of the CPA;
excludes the application of ECTA;
excludes any other mandatory South African consumer-protection law;
excludes liability that cannot lawfully be excluded;
prevents a consumer from exercising a statutory right;
prevents a consumer from lodging a complaint with an appropriate regulator or tribunal; or
creates a contractual term that is prohibited by South African law.
If any provision of this Policy is found to be unlawful or unenforceable, that provision will be severed or interpreted to the minimum extent necessary to make the Policy lawful, while the remaining provisions continue to apply to the fullest extent permitted by law.
28. NO IMPLIED ACCEPTANCE OF FAULT
Where Firenx agrees to inspect, collect, repair, replace or refund a product, this does not necessarily constitute an admission of liability or wrongdoing.
Firenx reserves all rights available to it under applicable law.
29. CHANGES TO THIS POLICY
Firenx may amend this Policy from time to time.
The version applicable to a particular transaction will generally be the version in force when that transaction was concluded, subject to any mandatory legal requirements or changes in law.
No amendment will retrospectively remove a consumer right that has already accrued.
30. GOVERNING LAW
This Policy and transactions to which it applies are governed by the laws of the Republic of South Africa, subject to any mandatory consumer-protection legislation that applies to the transaction.
Nothing in this clause prevents a consumer from exercising rights available under applicable legislation.
31. CONTACT US
For all return, refund and exchange enquiries:
Firenx.
www.firenx.co.za
account@firenx.co.za
When contacting us, please include your order number in the subject line where possible.
IMPORTANT CUSTOMER NOTICE
Your statutory consumer rights are not affected by this Policy.
If you believe that a product is defective, unsafe, incorrectly supplied or otherwise does not comply with applicable South African consumer law, contact us and explain the issue. We will assess the matter in accordance with this Policy and applicable law.
This Policy does not replace legal advice and should be reviewed by a South African attorney before publication, particularly after you provide your exact business structure, products and fulfilment arrangements.