(This document outlines the legal aspects of our Refund Policy)
This Refund Policy regulates the extent to which you may cancel your purchases made on the Website and be refunded there for, either before or after having received the product, as well as what your remedies are if the product you received is defective. It also explains the process you need to follow in order to properly cancel a purchase, report a defect, arrange for a return etc. You are not entitled to any refund, repair or replacement save to the extent that it is expressly provided for under this Refund Policy or if the seller of the product, in its sole discretion and without being obliged thereto, chooses to give you a refund, repair or replacement.
1. Your rights to cancel, return &/or be refunded
1.1 Early Cancellations
If you need to cancel your BiemBie order, you must cancel your order prior to 9AM on the business day after you place your order, send us an e-mail and note in the heading “Cancel this order # …..”
If our order has already been dispatched, it may be too late to cancel your order.
Most orders cannot be cancelled after 9AM on the next business day after they are placed, so act promptly if you wish to cancel. Without exception, orders that have already shipped cannot be cancelled.
1.2 Late Delivery & Stock Shortages
If a product you have purchased is not delivered within the agreed delivery period (or where no specific period was agreed, within 30 days after having purchased the product) you are entitled to cancel such purchase on 7 days written notice to the seller of such product. Should the product that you’ve ordered be out of stock, the seller thereof (i.e. BiemBie) will notify you thereof, whereupon:
- in the event of a temporary out-of-stock situation, you shall be entitled either to cancel the order and be fully refunded, or to maintain the sale subject to a later delivery date as may be agreed;
- in the event of a permanent out-of-stock situation, you shall be entitled to be fully refunded as a result of cancellation of the sale by the seller.
In being ‘fully refunded’ as aforesaid, you will be refunded the relevant purchase price and delivery charges, without having to pay any administrative or other charges.
1.3 Incorrect Product Delivered
If the incorrect product is delivered to you (i.e. it is not the product you purchased), please do not remove the product from its original packaging, open or use the product in any way. Please promptly contact the seller thereof (BiemBie), so that the seller can resolve the mistake by arranging to collect such product from you and deliver the correct product to you, as quickly as possible.
1.4 Non-defective products
Save for certain EXCEPTIONS (as listed below), you are entitled, after your receipt of a product purchased by you, to cancel that purchase within the relevant COOL OFF PERIOD specified below, and to obtain a refund, subject to being charged admin charges by the seller thereof for the return of the product.
COOL OFF PERIOD:
- Products purchased from BiemBie: 10 days (5 days allowed for delivery). Product must be unopened.
Note that although you are entitled to ‘cool off’ and cancel your purchase as aforesaid, the product must be returned in the condition you received it and by following the procedure set out in the ‘Return & Refund Process’ section below. So, if you wish to return any non-defective product delivered to you for a refund as aforesaid, please do not remove the product from its original packaging and/or use the product. No returns or refunds are allowed for opened goods. Remember that the seller may hold you liable for any damage you cause to the product (including its packaging) while in your possession.
POSSIBLE LENIENCY BY BIEMBIE: Although your right to return non-defective products bought from BiemBie are as set out above, if you want to return a non-defective un-opened product you purchased from BiemBie after the aforesaid 10 day cooling off period and/or the non-defective product returned is not in the same condition as when it was delivered to you, BiemBie may, in its sole discretion, decide to nevertheless give you a partial refund on that purchase.
1.5 Defective Products
We want you to be pleased with your BiemBie Product purchase. If you receive a product that is not functioning properly, please call our customer service department at 060-743-0455 or via e-mail.
GENERAL RULE: If, within 10 days after delivery of a product –
- you find that the product is defective/faulty, or unsuitable for the purpose for which it was indicated in the product description (or otherwise generally intended), or not legal, or not reasonably durable (based on circumstances and product type) (hereinafter referred to as being “Defective”); and
- you return such product to the seller in the manner set out in the “Return & Refund Process” section below (being the ONLY manner in which returns will be accepted by the relevant seller);
and the product is subsequently found –
- to indeed be Defective, you are entitled to either (a) have the product repaired or replaced at the seller’s expense, or (b) be fully refunded;
- NOT to be Defective, you will not be entitled to any refund, or free replacement or repair, and you may be liable for the costs incurred in having such product collected from and returned back to you.
Any replacement of a parallel import good may be with another parallel import good.
WHEN IS THE PRODUCT ‘DEFECTIVE’? Please note that the following issues/problems will NOT render the product damaged, defective or unsuitable as aforesaid and will not entitle you to any repair, replacement or refund:
- Faults resulting from normal wear and tear;
- Where you, or someone unauthorised to do so by the seller, has altered, repaired or damaged the product (via misuse or abuse). IMPORTANT: you should refuse to accept delivery of any product which is visibly damaged, and if you only discover the damage after the courier has left, then you must report it to the seller (i.e. BiemBie) as soon as possible and within 48 hours. If only reported after 48 hours, it is reasonable for the seller to determine that the damage was caused post delivery;
- Where a toy is not suitable for your child because of his/her age, but the toy is only suitable for children over a certain age, as may be expressly indicated, or reasonably obvious from the nature of the toy;
- Where an item of furniture doesn’t fit into your room because you have incorrectly estimated/measured the size;
- Where the colour of a product does not precisely match the colour thereof as depicted on the Website, given that the way colours reflect in product photographs on the Site is dependent on the photographic lighting that was used as well as your computer screen colour and contrast settings etc;
- Used products not being in an ‘as new’ condition. Note that although BiemBie only sells new products,
EXCEPTIONS TO THE GENERAL RULE:
- Special Offers: If the product was ordered pursuant to a “Special Offer” and such product is no longer being offered at the special price, should you elect to have the product repaired or replaced (as opposed to being refunded), you acknowledge and accept that the seller may only be able to repair, not replace same.
- Manufacturer Warranties/Guarantees: Certain products may carry additional manufacturer’s warranties/guarantees which are wider in scope, and/or longer in duration, than the 3 month warranty generally provided (as discussed above). POSSIBLE LENIENCY BY BiemBie: Although your rights in relation to Defective products are as set out above, if you return an allegedly Defective product you purchased from BiemBie and, following inspection thereof it cannot be established with certainty that the product is Defective, BiemBie may, in its sole discretion, nevertheless decide to give you a partial refund on that purchase or to effect a repair or give you a replacement at a reduced cost.
2. Return & Refund process
2.1 Purchases from BiemBie
RETURNS: If you want to return a product you have purchased from BiemBie for any reason permitted under this Refund Policy, you must in all instances first notify BiemBie thereof to inform us of the reason for your return by contacting us via email at: firstname.lastname@example.org. Once you have successfully logged your return, BiemBie will issue you with a returns authorisation number (“RA Number”) and arrange for the collection of the product from you. You must ensure that the product to be collected by the courier is packed so as to comply with the following:
- the product is properly protected;
- save where being returned due to being defective, the product is still in its original packaging, together with all accessories, instructions and documentation (if any), and in perfect condition for the purposes of resale (ie the product must not be damaged, scratched, soiled, and in the case of electronic hardware, the adhesive screen covers must not have been removed); and
- aforesaid RA Number is accurately reflected in/on the parcel
Please note: BiemBie reserves the right to deduct any associated fees and shipping costs from your refund along with a 20% restocking fee. Returned items must be in new condition, un-assembled and in the original packaging.
REFUNDS: Should you be entitled to a refund for any reason, such refund shall be effected in the same manner in which your payment was made (ie by processing the refund against your credit card) EXCEPT where the card payment has been settled or payment was made via EFT, bank deposit or the supplied bank account. Note that for EFT and bank deposit payments, you have the right to request that the relevant amount instead be paid back into your bank account (and note that we will only pay back into your bank account and not a third party’s bank account), or you can receive a promotional code to use on your next www.BiemBie.co.za purchase.
NOTE: BiemBie does not offer any product exchanges.