Terms & Conditions

Terms and conditions of use

Introduction

The terms of this document are subject to the National Credit Act (“NCA”) and Consumer Protection Act (“CPA”).

Products, Price and Availability

Pricing is in South African Rand and is inclusive of Value-Added-Tax (“VAT”). The agreement is governed by the laws of the Republic of South Africa.

Pricing is subject to price changes.

We will make all efforts to ensure pricing is correct, but we will not be obliged to sell products at incorrect prices.

If quotes are requested this will be valid for 7 days.

Once a deposit is paid you have accepted the order and payment terms/commitments.

If we are unable to fulfill an order due to any reason, you will be notified be entitled to a refund of the amount and we will not be liable for any damage incurred due to our inability to provide the products ordered.

If you have bought any goods and you are experiencing problems with the goods and would like to return them we will be happy to assist.

You may return the goods to Cush Stores with no undue or additional risk or expense to yourself and receive a full refund within 7 days if you did not get the opportunity to examine the goods when they were delivered, The goods you have acquired are not suitable for the purpose marketed for and described on our site at the time of purchase.

Cush Stores will refund you the full price paid for the goods if the goods are returned in the original unopened packaging.

Payment method

Payments may be made via cash, EFT, credit card or any other recognised payment method. When placing an order, the transaction details are presented to the bank for authorisation. If bank’s authorisation is not obtained, the order will be cancelled. We will not be held liable for any delays in payment confirmation from financial institutions.

Delivery

The turnaround time for deliveries are 4 to 10 working days for deliveries in metropolitan areas, and for all other areas delivery can take up 10 working days.

Same day delivery applies to best selling items, if not in stock items will go on back order with a waiting period of between 7 to 14 days.

Delivery will only take place once the full amount owing has been paid.

Goods must be inspected by the customer for defects and errors and these must be reported to us within 5 days.

Final delivery charges may be adjusted after checkout.

Warranty

All goods carry an implied warranty as stipulated in the CPA giving you the right to return unsafe and defective goods.

Our goods carry a 12 month factory warranty for faulty workmanship and defective materials but subject to due care and maintenance, misuse, damaged by accident or negligence.

Customer Privacy Policy

Cush Stores shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.

Payment options accepted

Payments may be made via Visa, Mastercard and other options.

Card Acquiring and Security

Card transactions will be acquired for Cush Stores via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

Customer Details Separate from Card Details

Customer details will be stored by Cush Stores separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.

Merchant Outlet Country and Transaction Currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

Responsibility

Cush Stores takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

Lay By Terms and Conditions

Definition:

"Lay-by" Means:

offering of a facility where we reserve goods on your behalf
which you have chosen
which you pay for over a period of time
while we hold onto the said goods
until they are paid for in full
where after we will deliver the goods or it can be collected.

When choosing the goods for Lay-By, a deposit of 10% of the total value of the goods on opening the Lay-By facility must be paid.

A minimum of one payment must be made every month until the goods are paid for in full.

The purchase price of the goods includes VAT at the current rate of tax. If at any time before the full purchase price of the goods is paid by you, the VAT rate is changed in relation to the supply of the goods, we will be entitled to recover the VAT increase from you prior to delivery of the goods.

You may decide to pay more frequently if you wish and settle the Lay-By within the original Lay-By period.

The original period of the Lay-By may not be extended.

If you terminate the agreement before making full payment for the goods, or fail to make full payment for the goods within 30 business days after the anticipated date of completion, Cush Stores reserves the right to charge you a termination penalty. In the event of Cush Stores having to cancel the agreement or not being bale to deliver the product, all monies paid to date will be repaid to the customer without interest, as no interest is charged.

We will advise you of such penalty amount at the time of termination, and after deduction of such Lay–By Terms and Conditions.

We will not charge you a termination penalty if your failure to complete payment is due to hospitalisation or death. Relevant documentation will be required. (Doctors/ death certificate etc.)

We may give you notice in respect of cancellation of a Lay-By by e-mail or SMS to the e-mail address / cellphone number you have provided to us. A refund will be given where applicable.

No goods will be released to you until full payment is received.

The address you gave us when conducting the agreement is the address to which statements will be sent. If you wish to change this address at any time, you must give us notice thereof. The change may take a few days to come into effect.

These terms and conditions may be amended from time to time, and in such a case, the new terms and conditions shall apply to your Lay-By agreement with immediate effect.

You understand and agree that the goods as set out in the Schedule, are identified and described by style, make, model, kind, design or category (“Type”). This does not mean that specific goods are set aside for the duration of the Lay-By agreement, but that we will deliver that Type to you after receipt of the full purchase price for the goods.

We cannot be responsible for failure to perform or to deliver or delays in performance or delivery due to circumstances beyond our control (“force majeure events”). We will not be liable to you for any loss arising from any failure or delay in performance or providing the goods resulting from force majeure events. We will use reasonable endeavours to continue to perform in terms of this Agreement as soon as performance becomes possible. We may contact you to agree on alternative dates for delivery, but will not require you to accept delivery at an unreasonable time.

Certificate of Indebtedness: A certificate signed by any of our Cush Stores managers (whose appointment and authority need not be proved) in which the amount of your indebtedness to us is stated, shall be accepted as sufficient proof of your indebtedness in any legal proceedings and shall be regarded as correct unless you prove that the amount is incorrect.

Consent to Jurisdiction:

You hereby consent that we may institute any legal proceedings that have to do with this agreement iro your account, in the Magistrate’s Court, being any Magistrate’s Court that has jurisdiction over you
We can, however, choose to institute action against you in any other court having jurisdiction.

Waiver:

If for any reason or purpose we do not immediately enforce or implement any of our rights in terms of this agreement, it does not mean that we have abandoned, given up or waived any of those rights.

Personal and confidential information

In this agreement, personal information means any and all information that you give to us which is personal to you (for example: your name, identity number, phone number, etc.), which we may store and process
We will keep your personal information only for as long as we need to or have to by law
We may from time to time contact you by post, by phone or in any other way about other products and services which we consider may interest you unless you tell us that you would prefer not to receive such offers.

You agree and consent that we may disclose your personal information to:

Any person working for us
Any organisation which underwrites or supports any of our products which you hold
Any person to whom we transfer any of our rights or obligations under this agreement
Anyone you authorise us to give personal information to
We may process your information to the extent permitted by law.

General

You confirm that the terms and conditions, the meaning and consequences of this agreement have been presented and explained to you in a language that you understand. You also confirm that the risks relating to the agreement, as well as your rights and obligations, have also been explained to you
We may at any time amend or replace these terms and conditions and if we do so it does not mean a novation of the agreement or any transaction or indebtedness (meaning that a new agreement does not automatically come into place).

This offer excludes confectionery products (products that have an expiry date) air time, gift vouchers. Due to the nature of retail, specific items may be excluded from time to time.

Customers entering into a Lay-By agreement must be over the age of 18 years.

Customer Privacy Policy

Personal and confidential information

In this agreement, personal information means any and all information that you give to us which is personal to you (for example: your name, identity number, phone number, etc.), which we may store and process
We will keep your personal information only for as long as we need to or have to by law
We may from time to time contact you by post, by phone or in any other way about other products and services which we consider may interest you unless you tell us that you would prefer not to receive such offers.