Except as otherwise agreed in writing, all online purchases and transactions for the supply of the Products by Mr Price shall be subject to these standard terms and conditions of sale, including the Policies (collectively, the "Terms and Conditions"), as well as the Mr Price Website Terms and Conditions. These terms and conditions will be subject to the CPA and the Credit Act, to the extent that they are applicable to the supply of any Products by Mr Price.
- "Affiliate" means any person, firm or corporation which is a subsidiary, parent or affiliate of Mr Price or the successor to Mr Price by a merger or by a transfer of a substantial amount of Mr Price's assets;
- "CPA" shall mean the Consumer Protection Act 68 of 2008;
- "Credit Act" shall mean the National Credit Act 34 of 2005;
- "Customer" shall mean the person, natural or otherwise, who purchases the Products from Mr Price under these Terms and Conditions and shall include any ultimate end user of the Products;
- "Mr Price" shall mean Mr Price Group Limited, all Affiliates and all trading divisions and outlets thereof including Mr Price Home, Mr Price Sport, Mr Price, Sheet Street, Miladys and Mr Price Group Financial Services;
- "On-Line Portal" means purchases made though the online sales platform currently available at www.mrp.com; www.mrphome.com; www.mrpsport.com; and www.sheetstreet.com;
- "Policies" means the various Mr Price policies which form part of these Terms and Conditions and which may be updated from time to time.
- "Products" shall mean all items including services presently being sold or supplied online by Mr Price by way of the On-Line Portal including but not limited to clothing, headwear, footwear, home ware, toys, kitchen appliances, furniture, sporting goods, outdoor equipment, books, DVDs; and
- "Returns" means any return of any Product whether it be for an exchange or a refund, and irrespective of the reason for the return.
- The Customer shall be bound by these Terms and Conditions in all transactions relating to the purchase of the Products using Mr Price's On-Line Portal.
- Mr Price reserves the right at all times to reasonably decline any order and/or to suspend delivery and/or to decline to supply the Products to the Customer.
- The payment terms are set out in the Payment Policy.
- Subject to the Credit Act, all accounts shall accrue interest at the rate as set out in the Credit Policy, Mr Price Credit and the Mr Price Money Card Terms and Conditions.
- Subject to the CPA, and although Mr Price will endeavour to deliver the Products according to the Customer's requirements, Mr Price will not be bound to such delivery requirements of the Customer and accordingly Mr Price shall not be liable in any manner whatsoever for a failure or delay in delivery of Products.
- Mr Price shall at its discretion be entitled to effect and invoice for part deliveries.
- This clause shall be read together with the terms set out in the Delivery Policy.
- Irrespective of the type of transaction, Mr Price hereby reserves its rights to ownership of the Products until fully paid for by the Customer.
- In order to give effect to paragraph 6.1, the Customer shall ensure the Products remain movable property, severable from any other movable or immovable property to which the Products may be attached.
- On delivery of the Products to the Customer, the risk in and to the Products shall pass to the Customer notwithstanding that ownership in the Products remain vested in Mr Price until full payment has been made by the Customer.
- Mr Price agrees to returns and exchanges of Products provided that the following provisions shall be applicable, as well as those set out in the Delivery Policy and Returns Policy:
- Returns of Products to any physical retail outlet will be free, provided that the relevant outlet stocks the purchased Product. Please note that all homeware products must be returned to Mr Price Home, all apparel products to Mr Price, all sporting equipment and apparel to Mr Price Sport and all Sheet Street merchandise only to a Sheet Street store. Please also note that no furniture may be returned to a physical retail store, and all furniture must be returned using the courier service channel;
- In instances where the services via the South African Postal Office (SAPO) or by Courier are used to facilitate the return of Products, the Customer shall be fully responsible for payment of any fees or expenses for such returned Products;
- The Customer shall not be refunded for any delivery cost under any circumstances;
- Any refund or credit will only take place once Mr Price has received and processed the return of the Products;
- Mr Price shall have the discretion to refund the Customer by any appropriate means including cash, a gift card (electronic or otherwise) or by crediting the relevant Customer account or applicable credit or debit card.
- Mr Price makes no representations whatsoever and gives no guarantees against latent or patent defects in respect of the Products, and all conditions and warranties whatsoever, whether implied or otherwise, are hereby expressly excluded.
- Mr Price shall not incur any liability of whatever nature arising in contract or delict from any injury, loss or damage to any person or property arising from the use of the Products.
- The Products supplied by Mr Price shall be suitable only for the purpose designed and intended and the Customer shall ensure the Products are handled, stored, installed, used, worn or otherwise dealt with in a normal and proper manner, and where applicable, in a manner consistent with the instructions given by Mr Price.
- No action or claim of whatever nature shall lie against Mr Price arising out of or in connection with any defects in, or unsuitability of, any Products.
- Without derogating from the generality of any of the provisions hereof, Mr Price and its Affiliates shall not at any time be liable for any claims of whatsoever nature and howsoever arising for any direct, indirect or consequential loss or damage which may be sustained by the Customer in connection with the use of the Products and the Customer hereby indemnifies and agrees to defend and hold harmless Mr Price and its Affiliates against all such claims.
PROHIBITION OF SET OFF
- The Customer, to the extent allowable in terms of the CPA, waives any right of set off the Customer might have against Mr Price in respect of any amount which may now or in the future be or become owing by Mr Price to the Customer. The Customer agrees and acknowledges that it shall not be entitled to advance the defence of set off or mutual extension of debts or counter claim in any proceedings which Mr Price may bring against the Customer for the enforcement of its rights whether in respect of credit facilities extended by Mr Price to the Customer or otherwise.
- Any claim the Customer may at any time have arising wholly or partially out of or in connection with the disposal by it of the Products, or certain of them, shall be deemed to have been ceded to Mr Price as security for the Customer's obligations hereunder.
- In all transactions with the Customer, any clauses or conditions contained in or forming part of the Customer's documents shall not amend or modify these Terms and Conditions and Mr Price shall not be bound thereby.
- These terms and conditions shall supersede any conflicting clauses or conditions whether verbal or contained in any of the Customer's documents.
- Any credit extended to the Customer shall be subject to the Mr Price Credit and Mr Price Money Card or Sheet Street Card Terms and Conditions.
- No indulgence which Mr Price may grant to the Customer shall in any way be deemed to affect, prejudice or derogate from the rights of Mr Price nor shall such indulgence constitute a waiver or novation of any of the rights of Mr Price who shall not thereby be precluded from exercising any rights against the Customer which may have arisen in the past or which may arise in the future.
- Mr Price and the Customer agree to keep any confidential information that they receive from one another confidential by using the same degree of care that they would use to protect their own confidential information. Mr Price will not disclose the Customers confidential information to anyone else, unless the Customer gives its consent to Mr Price to do so. The Customer must do the same with the confidential information about Mr Price. Mr Price can, however, disclose the Customer's confidential information to Mr Price's employees, professional advisors and contractors who need to know and use the information in order to perform their obligations in terms of these Terms and Conditions.
- Should the Customer fail to make any payment to Mr Price under any contract or should the Customer be in breach of any of the provisions of these Terms and Conditions and fail to remedy such breach within 7 (seven) days after receiving a written demand that it be remedied, Mr Price shall be entitled, without prejudice to any alternative or additional right of action or remedy available to Mr Price, to cancel any contract with the Customer with immediate effect.
- In the event that any legal action is taken or any amount remains outstanding and Mr Price instructs attorneys to recover such unpaid costs, the Customer shall be liable for all legal costs incurred by Mr Price in this regard.
- These Terms and Conditions, and all transactions relating to the purchase of Products using the Mr Price On-Line Portal shall be governed in all respects by, and shall be construed and interpreted according to the laws of the Republic of South Africa.
- Subject to the CPA, the Customer also agrees and consents in terms of Section 45 of the Magistrate's Court Act ("the MCA") to the jurisdiction of a Magistrate's Court having jurisdiction in respect of the Customer or the claim in terms of Section 28 of the MCA in respect of any proceedings or claims or action being instituted against the Customer by Mr Price in terms hereof or otherwise, notwithstanding that the amount of such claim may exceed the jurisdiction of such Magistrate's Court, provided that Mr Price may in its discretion be entitled to bring such proceedings in any other court of competent jurisdiction, the Customer agreeing and submitting itself to the jurisdiction of the South Gauteng Division of the High Court of South Africa or any other division of the High Court of South Africa chosen by Mr Price in the event of Mr Price exercising its rights in terms hereof.
Address for service of legal process
- The Customer chooses its domicilium citandi et executandi at the shipping or delivery address as reflected in the invoice for the Products , failing which, any other physical address of the Customer.
- This Delivery Policy forms part of and should be read together with the Terms and Conditions. Please note that in certain circumstances a delivery option may not be available to a Customer due to factors beyond the reasonable control of Mr Price.
- Delivery methods for deliveries from Mr Price will include 1) Direct to a Mr Price store, 2) via the South African Post Office ("SAPO") or, 3) by Courier to the Customer's chosen delivery address.
- Delivery methods for deliveries from Mr Price Home and Sheet Street will include 1) Direct to a Mr Price Home store or Sheet Street store, 2) Economy Door to Door or 3) Express Door to Door. Please note that furniture which has been purchased by a Customer can only be delivered via the Economy Door to Door delivery option.
- In the case of a mixed basket where Products from Mr Price Home, Mr Price or Mr Price Sport are in the same basket, then only the Door to Door delivery option (either Economy or Express) will be available to a Customer.
- When effecting delivery at the customer's premises or such other premises as nominated by the Customer, the Customer shall be responsible for receiving, unloading and checking the Products in the presence of the Mr Price representative making delivery.
- Delivery of the products at the shipping or delivery address nominated by the Customer shall constitute good delivery. Any acknowledgement of receipt by the Customer or any authorised representative or employee of the Customer, whether direct or indirect, in writing or otherwise shall serve to also confirm delivery.
- If, on the instructions of the Customer, the Products are delivered to a carrier for delivery to the Customer, delivery to the Customer shall be deemed to have been duly effected on delivery to the carrier who shall at all times be and remain the Customer's agent for purposes of these Terms and Conditions.
- In the event of short delivery, the Customer shall forthwith upon delivery endorse Mr Price's copy of the delivery note specifying details of the short delivery and thereafter within three (3) days of such delivery the Customer shall lodge a claim with Mr Price in respect of such short delivery.
- A white glove (product assembly) service for furniture items sold via Mr Price Home is available to Customers. Please refer to the Furniture Terms and Conditions for this and other relevant issues.
- Please note that if furniture items are part of an order along with any other non-furniture items from any division of Mr Price, then the Products will be delivered to the Customer in two separate deliveries. The Customer will be able to track the order online, in store or through the call centre at an item level.
- In the event that the Products are delivered in a damaged or defective state, the Customer shall forthwith upon delivery endorse Mr Price's copy of the delivery note detailing the damage or defects to the Products and the Customer shall within seven (7) days of such delivery notify Mr Price of such damage or defects in the Products delivered, following which the Returns Policy shall be followed. Please take note that a separate Returns Policy may apply in respect of furniture, and the Customer should refer to the Furniture Terms and Conditions for the relevant information in this regard.
- On compliance by the Customer with the requirements of this Delivery Policy, and provided Mr Price agrees with the information supplied by the Customer, Mr Price will or may apply for a credit, subject to the provisions of the Returns Policy.
- Subject to the CPA, and notwithstanding the provisions of this Delivery Policy, Mr Price shall not be liable to the Customer for any loss or damage occasioned by reason of the circumstances set out above.
- A flat rate to deliver your order to you will be charged. This will escalate reasonably from time to time. Please note that for furniture deliveries, a charge per furniture item will be levied and will be clearly illustrated to the Customer before concluding the purchase online.
- The order will take around 1 to 7 working days to be delivered to the chosen delivery address, depending on the location and method of delivery. The order can be tracked on the Mr Price Website or in store or by contacting our call centre on 0800 212 535.
- Although reasonable care shall be taken, Mr Price accepts no responsibility whatsoever for incorrect delivery details or, if an unauthorised person at the delivery address, accepts delivery of the order and Products.
- For purposes of this clause, "Mr Price" shall include any Affiliate, agent or independent contractor who may effect delivery on behalf of Mr Price, which shall also include the South African Postal Office service or a courier service provider.
- This Returns Policy forms part of and should be read together with the Terms and Conditions and includes the Mr Price general in store returns and refunds policies. Please note that in certain circumstances a returns option may not be available to a Customer due to factors beyond the reasonable control of Mr Price.
- Returns of all Products can occur in one of the following ways, namely (1) directly to a Mr Price outlet or store, (2) via the SAPO or, 3) by Courier.
- In Store return: when returning products to a Mr Price outlet or a store directly, the customer will follow the usual In Store Return Process. The Customer will be required to furnish proof of purchase (invoice or delivery note), produce the card utilized (credit, cheque or debit card) and the normal in store return conditions shall apply. Please note that Products from one brand or division of Mr Price may not be returned to another division (for example, homeware may not be returned to a Mr Price outlet or store and vice versa). Please also note that furniture may not be returned directly to a Mr Price outlet or store and can only be returned by Courier.
- SA Post Office ("SAPO") return: when returning Products via the SAPO, the Customer must first register a return on the Mr Price on line system. A reference number and a return address will be issued to the Customer, as well as an estimated credit value. The Customer must insert the merchandise into appropriate packaging, pay the SAPO for the return costs and hand the package in at the appropriate SAPO counter. The estimated credit value is subject to change based on the condition of the returned Products once received by Mr Price.
- Courier return: when returning Products via Courier, the Customer must first register a return on the Mr Price on line system. A reference number and a return address will be issued to the Customer. The Customer must then insert the Products being returned, except for furniture items, into appropriate packaging and this will be collected by the Courier in accordance with the instructions received from Mr Price. The courier charge will be deducted from the return credit. While the Mr Price system will reflect an estimated credit value before the return is concluded, this estimated credit value is subject to change based on the condition of the returned Products once received by Mr Price.
- Refunds will occur as follows:
- For In Store returns, EFT and cash purchases will be refunded via a gift card or cash. Account payments will be refunded via a credit to the relevant Customer account. Gift card purchases will be refunded by the issue of another gift card to the value of the credit. Credit and debit card will be refunded to the applicable card.
- In the event that the return occurred via the SAPO or Courier, if the Customer purchased the Products using a credit, cheque or debit card, then the applicable card will be credited with the refund. EFT and cash purchases will be refunded via an electronic gift card only. If a Mr Price account was utilized for the purchase, a refund will be credited to the relevant account. Gift card purchases will be refunded through the issuing of an electronic gift card to the value of the credit.
- In the unlikely event of a non-collection from SAPO or a non-delivery from the courier, the Products being returned will be sent to the Mr Price returns process facility. All Products returned via SAPO or Courier shall also be sent to the Mr Price returns facility.
- In the event a Customer fails to collect an order of Products at a chosen Mr Price store, successive reminders to the Customer to collect the Products will be sent. If the Customer fails to collect the Products purchased within 21 (twenty one) days, Mr Price reserves the right to sell the Products to defray expenses and no refund may be paid.
- Mr Price does not accept any responsibility if an employee or representative at the Customer's chosen address accepts delivery of the Products and is not authorized to do so, or does so under false or fraudulent circumstances.
- In the event of 2 (two) failed attempts to deliver the order of Products to the Customer at the chosen delivery address, the Products shall be returned to Mr Price and the sale shall be reversed. The costs of the delivery/s and return of the Products shall be deducted from the credit due to the Customer.
- In the event of non collection of the Products from the SAPO or from one of the Mr Price stores, the Products shall be returned to Mr Price. The costs of the delivery and of the return of the Products to Mr Price shall be deducted from the credit due to the Customer. In the circumstances, Mr Price shall also not refund the cost of the Products, and the Products shall be sold to recover expenses incurred. It is to be noted that Mr Price is a fashion business and that it may not be able to recover the full cost or even part thereof.
- Where the Customer has elected to pay cash on delivery and receive the Products ordered at one of the Mr Price stores, if the Products are not collected within 10 (ten) days, the sale will be cancelled.
- The Credit Policy forms part of and should be read together with the Terms and Conditions.
- The terms of the Credit Policy will be as set out in the Credit Application form and in the Mr Price Credit and Mr Price Money Card Terms and Conditions, as amended and updated from time to time.
- This Payment Policy forms part of and should be read together with the Terms and Conditions, and is subject at all times to Mr Price's agreements with its bankers and the outsourced financial transactions service provider.
- There are six different payment options including payment by way of a credit, cheque or debit card, using your Mr Price Money Account, using an electronic Mr Price gift card, by EFT and by cash. Cheques will not be accepted under any circumstances.
- If the EFT payment option is used, this can take up to seventy two (72) hours depending upon the relevant bank. Please note that if payment is not received within seventy two (72) hours, the order will automatically be cancelled.
- In the event that the customer wishes to pay cash, there are two options, as follows:
- Firstly, if the delivery method will be via the SAPO or by Courier then the Customer will need to visit the nearest Mr Price store with the unique order number. The order will then be processed once the cash payment is received. The cash payment must be made within forty eight (48) hours of the placement of the order, failing which the order will be cancelled.
- Secondly, if the delivery method will be direct to a Mr Price store, then the Customer can pay COD upon collection of the Products ordered. If the Products are not collected and paid for within ten (10) days, the order will be cancelled. Please note that COD will not apply to purchase of furniture items, since furniture cannot be delivered to a store for collection by the Customer.
- Only in the event of the use of a gift card can more than one payment type be used to complete an order and in this instance the customer is entitled to top up the payment with a credit or debit card, or with a Mr Price Money Account.
- With regard to gift cards the following is also relevant:
- Gift cards are valid for thirty six (36) months from the date of purchase thereof. Gifts cards will also be redeemable online.
- The value thereof is redeemable for Products (not cash) at any Mr Price store.
- Mr Price accepts no responsibility in the event that due to an error or oversight on the part of the Customer, or for any reason, the gift voucher is used by a third party.
- Mr Price prescribes to high security and encryption standards allowing all customers to shop with peace of mind. It is also to be noted that it is the strict policy of Mr Price, and Mr Price takes all reasonable security measures to ensure that payment and card details, as well as related confidential information, cannot be accessed by anyone who is not authorized to do so.
FURNITURE:TERMS AND CONDITIONS
These terms and conditions are valid for all furniture items purchased from Mr Price Home.
- Product guarantee policy
- A valid proof of purchase is required for the terms of this guarantee policy to come into operation.
- Guarantees are only applicable to items that have been used in a domestic environment and will not apply to items used for commercial or non-personal purposes.
- Upholstered furniture
- Upholstered furniture such as sofas and chairs are guaranteed for one year from date of collection/delivery in respect of the frame, craftsmanship and filling.
- Should the item be subject to such a manufacture defect, Mr Price Home will repair or replace (at its option) the item at no charge once it has been returned to Mr Price Home's elected carrier's delivery depot.
- The guarantee does not extend to the fabric used to upholster the item as this is subject to wear and tear with usage in the domestic environment, or any normal wear and tear associated with domestic use.
- Timber products are guaranteed for one year from date of collection/delivery.
- Should the item be subject to a manufacture defect, Mr Price Home will repair or replace (at its option) the item at no charge once it has been returned to Mr Price Home's elected carrier's delivery depot. Should the customer have paid a delivery fee for home delivery, Mr Price Home will arrange for the collection and return delivery of the item at no cost to the customer.
- The guarantee does not extend to normal wear and tear associated with domestic use and natural wood effects or characteristic imperfections such as minor cracking and shrinkage and changes in colour with time.
- This guarantee does not extend to product that has been left outdoors unless it is clearly indicated on the packaging of the product that it may be left outdoors with no cover.
- Furniture Delivery and collection policy
- Should the customer's residence be more than one story or a flat above the first floor, to which access is difficult or the item is likely to be damaged if carried through the access points, then the item will be delivered to the lift or stairwell opening on the bottom floor only and further movement of the item will become the customer's responsibility from that point forward.
- Delivery or collection may not take place until the purchase price has been settled in full. Mr Price reserves the right to request proof of payment from the customer before effecting delivery or permitting collection of the item/s.
- The carrier will only deliver to the specified address of the customer who made the purchase, or to such other person indicated on the delivery instructions as being authorized to accept delivery on behalf of the customer.
- Mr Price Home or the elected carrier will contact the customer to arrange delivery at a time convenient for the customer on any weekday between the hours of 8am and 4pm. Delivery cannot be made during the weekend or on public holidays.
- All items made available for collection/delivered will be sealed in its original packaging.
- The person receiving the item/s will be required to sign the proof of receipt/delivery to indicate that each item has been received undamaged and sealed in its original packaging.
- Should the item be damaged or the packaging not be in place, this must be indicated on the proof of receipt/delivery and the company/carrier representative and the person receiving the item must both sign the proof of receipt/delivery to this effect. The item will be returned to Mr Price Home by the carrier.
- Mr Price Home cannot be held liable under its guarantee policy for any damages visible at the time of collection or acceptance of delivery that was not indicated on the proof of receipt/delivery by the customer.
- The delivery fee is charged in respect of delivery by the carrier to front door only. Should the customer request the carrier to do so, the item/s will be placed in a room of their choice. The customer acknowledges and agrees that Mr Price Home is not responsible and will not be liable for any damages caused to the item/s or within the customer's residence as a result of such a placement within the residence.
- The customer acknowledges and agrees that Mr Price Home is not responsible and will not be liable for any damages caused by the carrier's delivery vehicle to the customer's residence.
- Assembly options
- Assembly options are available for certain items, at a nominal fee. The assembly fee will depend on the size and nature of the item.
- Furniture Exchange and returns policy
- Any furniture item which is made-to-order or manufactured to customer specifications cannot be exchanged or returned unless the item is defective or has not been manufactured in accordance with the customer's specifications.
- Any other unused furniture item returned sealed in its original packaging and in the purchase condition within 48 hours from date of collection/delivery will be refunded subject to the valid proof of purchase being presented by the customer.
- Should an item assembled by the store or at the customer's residence, be found to be defective or the item does not comply with the description given on the packaging once assembled, such item may be returned within the 48 hour return period, in the original packaging, where possible.
- Should a customer choose to assemble their own purchases and it does not comply with the description given on the packaging with regards to product, components or assembly instructions, such item/s may be returned within the 7 day return period, in the original packaging, where possible.
- Should the customer damage the furniture item during assembly, Mr Price Home will not be liable for such damage and will not exchange or refund the damaged item.
- Should a ready assembled item be found to be defective or the item does not comply with the description given on the packaging once assembled, such item/s may be returned within the 7 day return period, in the original packaging, where possible.
- Furniture items as detailed under made-to-order items below are subject to a 10% handling fee if returned for refund. Should an item be returned due to it being damaged, a handling fee will not be levied
- The exchange and refunds policy does not apply to mattresses unless the item/s returned is due to a manufacture defect.
- Mr Price Home reserves the right at all times for a company appointed or manufacturer representative to inspect the item before a refund, repair or replacement is considered.
- No shop soiled items that have been reduced to clear will be accepted for refund or return.