1. Our goods
We supply premium adult toys and accessories.
2. Read instructions
Please carefully read and follow all instructions that come with our goods. For example, any documents that help you use our goods. Please also read our website at www.playwithme.co.za for tips on using our goods.
3. Un-returnable goods
We supply certain goods that you cannot return to us as they are:
- toys or accessories of an intimate nature.
We are unable to refund or exchange edible items due to public and food safety regulations. Goods of an intimate nature includes goods that are used in any way which would expose them to uses which would render them impossible from being used by others.
4. Cooling-off period for electronic transactions
Section 44 of the Electronic Communications and Transactions Act may apply to your electronic transactions. If you qualify as a consumer under the ECT Act, you may be entitled to cancel some electronic transactions within seven days, 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 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.
This cooling off period does not apply to goods of an intimate nature, which by reason of their nature cannot be returned.
4.1. Return of goods in terms of cooling-off period
You must return any goods in new, unused condition with all original packaging and materials (including any accessories or parts). We will refund the purchase price of the goods (minus the direct costs that we incur relating to the return of the goods) within 30 days of the date of cancellation.
5. Our goods warranty
We warrant that all our goods are new and of good quality unless we clearly describe them as used or reconditioned or as having specific defects.
6. Statutory warranty against defects
We warrant all our new goods against any defects for six months 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).
6.1. Defective goods
Defective goods are those that had a defect or were unsafe when we supplied them. We highly recommend testing out your purchase as soon as you have received it to make sure that everything is in working order A defect usually means that the goods were manufactured using materials, components or workmanship below an acceptable standard. You must prove that goods are defective.
6.2. Statutory compensation
We will repair, replace, or refund the price of any defective goods that you return to us during the six month statutory warranty. Returns must follow our returns procedure below.
6.3. Choice of compensation
Any customer that is also a consumer under the CPA may decide whether we should either repair or replace the defective goods, or make a refund. We will decide how to compensate any of our other customers.
7. Statutory warranty on repairs
We do not personally carry out the repair, but we will send the goods to the supplier to be repaired.
7.1. 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.
8. Inspection of defective goods
We reserve the right to inspect potentially defective goods.
8.1. Suitably qualified examiner
A customer that believes goods are defective should ask a suitably qualified person to examine the goods and produce a report for us to consider. A suitably qualified examiner is a reputable and independent person trained and qualified to repair goods similar to ours.
8.2. Inspection fee
You may also ask us to inspect any goods believed to be defective. We may charge an inspection fee of up to 20% of the price paid for the item. We will fully refund this inspection fee if the goods were defective when we supplied them.
8.3. Our examination duties
We train our staff 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 staff will give reasons if they refuse to accept that we supplied defective goods, but will only do this if they honestly believe the goods have been misused.
8.4. Limited refund of inspection fee
We do not have to refund any inspection fee paid if our staff do not accept that we supplied defective goods.
9. Statutory right to return unsuitable goods
Our customer that is also a consumer under the CPA may return goods within ten days of delivery if they could not examine them before delivery and then discover that the goods are not what they ordered or expected, or are not suitable for a specific purpose that they communicated to us in writing. These products must not have been used.
9.1. Returns of unsuitable goods
A consumer must return unsuitable goods within ten days of delivery according to our returns and refunds procedure below.
9.2. Refund of price of unsuitable goods
We will refund the full price of any unsuitable goods in their original unopened packaging. For opened goods, we may deduct or charge a reasonable amount for any use of the goods plus certain costs necessary for repackaging and restocking, subject to the CPA. These costs are usually up to 25% of the cost of the goods.
10. 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 site. Please notify us within 7 days (the sooner the better) by emailing us on firstname.lastname@example.org and logging the return.
However, should we accidentally deliver the wrong product to you or if the product is not as described on the website, or is missing any parts:
- Please do not remove the product from its original packaging or any of the stickers or labels.
- Notify us as immediately and we will collect the product from you at no charge.
We will at your choosing:
- deliver the correct item to you as soon as possible (if available); or
- send you a 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.
If there is any evidence that the product has been removed from the original packaging it will not be replaced or refunded.
11. Goods arrived damaged
If your goods arrive damaged, missing any parts or accessories, or inoperable, then we will do our best to resolve the issue. Please notify us within 7 days (the sooner the better) by emailing us on email@example.com with reference to your order number and logging the return.
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.
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 not that a refund is not available if the item was received as a gift.
12. How to return an item
Our current method of returning an item is through collection via a courier.
- You may select a pick-up date and the item will be collected from you. We may charge a fee for this service.
13. 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. 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.
14. Postage costs
We will refund the reasonable postal and insurance costs of returning defective or unsuitable goods. We may inspect the goods to confirm that they are defective before we do so.
15. Procedure for returns to other suppliers
Customers of other suppliers (such as major retail chains) must return defective or unsuitable goods directly to that supplier. Customers must use the correct returns procedure. Please contact the customer services department of the relevant supplier for details of their returns procedures.
16. 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 may be fraud to damage goods deliberately to claim a refund.
17. Our returns and refunds procedure
You must use our returns and refunds procedure for returning defective or unsuitable goods, or else we may refuse to accept them. Our returns and refunds procedure is as follows:
- Send an email to firstname.lastname@example.org with your order number reference and all details of the physical goods that you want to return, including how and why you believe the goods are defective or unsuitable for your purpose.
- Customer services should contact you with a return or refund claim number within 24 hours of receipt, otherwise you must contact them to get the number.
- Our customer services department may tell you that they do not believe you have a claim, for example because the warranty period of the goods has expired. In this case we may refuse to repair or replace goods, or refuse to pay a refund.
- Any return of physical goods must include all accessories and instructions, and all original packaging that is still available. 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.
- Please write the return claim number clearly on the package. We may refuse to accept a package that does not have this return claim number on it.
- Once we have collected and received the package, we will notify you thereof. Please allow 5 working days from the date on which you sent the envelope or package for it to reach us.
If you claim that our goods are defective, our staff will examine the goods for defects. In the case of physical goods, our staff will examine the actual goods. 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 the goods were returned outside the seven day cooling-off period, or our staff report that the goods were misused, were of good quality, were not provided to you for a specific purpose or were suitable for that purpose, then we will not repair, replace, or refund the goods.
- 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 CPA) or advise you how we have decided to compensate you (if you are not a consumer under the CPA).
- 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.
- In the event that we are unable to replace the exact item due to stock discontinuation or stock shortages, we will give you the option to claim a refund, or replace it with an item of the same or similar value.
- 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.
18. Our customer services department contact details
Our customers can contact our service department as follows:
- Email address: email@example.com
- Postal address: PO Box 10052, Fourways East, 2055
- Office hours: 08:00 - 17:00 Monday to Friday, excluding public holidays.
19. 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 services department and have your invoice ready. We will try our best to solve your problem. We are proud of the reputation of our goods.
20. Dispute resolution
If we do not accept that we supplied defective or unsuitable goods, and our customer services 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.