We want you to be happy with your purchase. If you are not completely satisfied, you can return the product to us and we will either repair / replace it, or credit your account, subject to the below terms.

Certain parts of this Policy do not apply to Unboxed Deals or used products, and this is indicated in the relevant sections below. Unboxed Deals are returned products that are offered for sale at discounted prices, because their original packaging is damaged, unsealed or missing, or the products show signs of handling and/or re-packaging.

This Policy forms part of the Spode Terms and Conditions, and so words defined in the Terms and Conditions have the same meaning in this Policy, unless the context indicates otherwise. Nothing in this Policy is intended to limit your statutory rights in any way.

Preparing your products for a return
To ensure your request is processed as quickly as possible you are responsible for the following when returning your products;

• package your products safely and securely for protection during transit;
  clearly mark your return reference number on the outside of the parcel; and
  include all accessories and parts that were sold with the product.

Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether.

1. Unwanted products
You can return an unwanted product to us at no charge, provided:

• it is undamaged and unused, with the original labels and stickers still attached;
• save in relation to Unboxed Deals and used products,
• it is in the original packaging, which must be undamaged and in its original condition with all seals still intact (if applicable).

Please refer to our FAQs for some examples;

• it is not missing any accessories or parts;
• you log a return on the Website within 30 days of delivery to you or collection by you of the unwanted product. After 30 days, you can only return a product if it is defective; and it is not one of the products listed below.

Changed your mind?
Where you have changed your mind and would like a credit for a product, you can return it – provided the product is not:
a product which has been personalised for you or made to your specifications; or

We will collect the product from you at no charge. Once we have inspected the product and validated your return, we will credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).

Want to exchange?
An Unboxed Deal or used product can only be exchanged for a variation of the same Unboxed Deal or used product, if such variation is available. In such a case, we will collect the product from you and deliver the requested product to you at no charge. If such variation is not available, we will credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).
We are entitled to inspect the product to validate your return. Please refer to our FAQs for some advice on making sure that your product is returnable under this section.

Not what you ordered?
If we accidentally deliver the wrong product to you, or if the product is not as described on the Website, please notify us and we will collect the product from you at no charge. If the product is missing any accessories or parts, you will need to follow the process set out in section 2 below. Once we have inspected the product and validated your return, we will at your choice deliver the correct product to you as soon as possible (if the correct product is available); or credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).

2. Products damaged on delivery
Should a product be damaged or missing any parts or accessories at the time of delivery / collection, please notify us within 7 days of such delivery / collection by logging a return on the Website.
We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair / replace the product as soon as possible (if such repair is possible/ we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference).

3. Defective products
We do our best to ensure that the products we deliver to you are of a high quality, and in good working order and without defects.

What is a defect? A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances. Please refer to our FAQs for some examples.

The following will NOT be regarded as defects and will not entitle you to a return under this section 3:
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;
• where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, do not suit you; and
• in relation to Unboxed Deals or used products, signs of handling and/or repackaging.

Standard Warranty
If you have received a product which turns out to be defective or otherwise of poor quality (save for direct warranty products which are discussed below), please notify us as soon as reasonably possible after you become aware of the defect or poor quality, but in any event within 6 months after delivery / collection of the product (except in the case of an extended supplier warranty, which is set out below).

You can do so by logging a return on the Website, and we will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair / replace the product (if such repair is possible / we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference). If the repair / replacement takes longer than 21 days, we will get in touch with you to see if you would rather receive a credit / refund.

Where there is no extended supplier warranty period, unfortunately we cannot facilitate returns that fall outside of the 6 month period.

Where you request a repair / replacement of an Unboxed Deal or used product and a repair is not possible, we will see if we have a replacement Unboxed Deal or used product in stock (which is the same product, of the same nature and type, as the one sold), but if we do not, we will credit / refund you. A product in perfect condition (that is not an Unboxed Deal or used product) is not the same product as an Unboxed Deal or used product. This is why Unboxed Deals and used products are discounted, compared to products in perfect condition.

Extended Supplier Warranty (stipulated on product page)
A product may have a supplier warranty that extends beyond the 6 month Standard Warranty. If such a product turns out to be defective more than 6 months after delivery / collection (save for direct warranty products which are discussed below), please notify us as soon as reasonably possible after you become aware of the defect, but in any event within the extended supplier warranty period after delivery / collection of the product.

You can do so by logging a return on the Website, and we will facilitate your return of the product to the supplier at no charge. Unfortunately we cannot facilitate returns that fall outside of the extended supplier warranty period.
Please note that any extended supplier warranty is subject to whatever terms and conditions the supplier or manufacturer may impose. These are usually stated in a brochure or leaflet inside or on the product packaging. It is your responsibility to make yourself aware of any such terms and conditions.

It is also important to note that it will be in the supplier or manufacturer’s discretion what remedy it can offer you. Spode is under no obligation to provide you with a credit, repair / replacement, as your remedy lies with the supplier or manufacturer. However, since we want your experience to be as good as possible, if the supplier or manufacturer has offered you a repair / replacement within the applicable extended supplier warranty and it takes longer than 21 days, we will get in touch with you to see if you would rather receive a credit / refund directly from us.

PLEASE NOTE: Unboxed Deals and used products do not have extended supplier warranties and this will be made clear on the product description page.

Direct Warranty (stipulated on product page)
A direct warranty product is a product for which the relevant manufacturer wishes to manage defective returns itself, directly with the customer, and not through Spode . Some examples include Dell, Nespresso, Xbox and PlayStation products.
If a direct warranty product turns out to be defective or otherwise of poor quality, please notify us and we will provide you with the relevant manufacturer’s contact details. Alternatively, you can notify the relevant manufacturer directly if you already have its details. The relevant manufacturer will then assist you further, but if you have any difficulty, please let us know and we will be happy to assist you where we can.

Damaged or defective Large Appliances items can be returned within 7 days in accordance with our returns policy. After 7 days the supplier will come to you to inspect the product and assist you with a possible repair, replacement or refund. In the event of a refund, it will be done by Spode . Our Customer Service Team will provide you with the supplier details when you as customer log the problem.

Other than this, the same limits and general principles of the standard warranty and extended supplier warranty apply to direct warranty products.

4. Gift Vouchers & Coupons
There are two types of Coupons: a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon”), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon”).

Where you have used a Fixed Coupon to pay for an order, and you or Spode later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with the Returns Policy, the value of the Fixed Coupon will be deducted off the purchase price of the cancelled or returned product(s) (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Coupon of the same value as the original Fixed Coupon used. Spode may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon. For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned product (or refund you if that is your preference).

Where you have used a Percentage Coupon to pay for an order, and you or Spode later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with the Returns Policy, the value of the discount received using the Percentage Coupon will be deducted off the purchase price of the cancelled or returned product(s) (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Coupon of the same value as the discount received using the original Percentage Coupon. Spode may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon. For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned product (or refund you if that is your preference).

Wherever you have used a Gift Voucher to purchase a product that you later return for a refund in accordance with the Policy, we cannot refund you in cash for that portion of the purchase price which you paid using the Gift Voucher, but we will credit your account.

5. Charges and refunds
If you return a defective product to us, but you fail to return all of the accessories and parts that were sold with that product, we are entitled to (subject to applicable law) to refuse the return, only to replace the item that you did return, or to estimate the value of the missing accessories and parts and only to credit or refund you in respect of the returned item.
If you return a product that does not comply with this Policy, you may be liable to reimburse Spode for the cost of collecting the product from you and the cost of having the product returned to you.

Under no circumstances will donations be refunded.
Please note that we only refund to the payment method that you originally used – i.e. payment by credit card will be refunded to the same credit card, payment by EFT or COD (cash on delivery) will be refunded to your nominated bank account.

At Spode, we’ve built our business on the simple principle that our customers come first. We aim to keep our website, mobile site and related software applications (“Website”), as well as the service offered on our Website (“Service”) safe for everyone to use, and data security is of the utmost importance. If you have discovered a security vulnerability in our Website or Service, we encourage you to contact us and disclose it to us in a responsible manner.
When security vulnerabilities are reported to us in compliance with this policy, Spode will validate and fix such vulnerabilities as soon as reasonably possible, in line with our commitment to the privacy, safety and security of our customers. We will not take legal action against you or terminate your access to the Service if you discover and report security vulnerabilities responsibly in compliance with this policy. Spode reserves all of its legal rights in the event of any noncompliance with this policy.

Reporting a Security Vulnerability
If you think that you have found a security vulnerability in our Website or Service, please contact us immediately via info@smartcalltech.co.za. When reporting a security vulnerability, you must do the following:

• Include as much information as possible in your report, as we require a way to reproduce the security vulnerability in order to validate and fix it. “Proof-of-Concept” programs, tools, or test accounts that you’ve created are welcome, and the following information is required:

• the URL where the vulnerability occurs;
• if applicable, the parameter where the vulnerability occurs;
• the type of the vulnerability;
• a step-by-step instruction how to reproduce the vulnerability;
• a demonstration of the vulnerability, by screenshots or video; and
• if applicable, an attack scenario (an example attack scenario may help demonstrate the risk and get the issue resolved faster).

• Do not share your findings with anyone until Spode has had adequate time to investigate and deploy a fix. We will notify you when the security vulnerability has been patched.
• Consider telling us how to identify you.

We’re particularly interested in:

• XSS attacks
• SQL injection
• Remote code execution
• Circumventing permission limitations
• CSRF attacks

Our Commitment
If you identify a security vulnerability in compliance with this policy, Spode commits to:

• acknowledging receipt of your vulnerability report in a timely manner;
• confirming the validity of your report; and
• notifying you when the vulnerability is fixed.

We will unfortunately not offer any monetary rewards.

Introduction

This website can be accessed at www.spode.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Spode (“Spode ”, “we”, “us” and “our”).
These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”).
By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
The Website enables you to shop online for an extensive range of goods (“Goods”).

Important Notice
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
may limit the risk or liability of Spode or a third party; and/or
may create risk or liability for the user; and/or
may compel the user to indemnify Spode or a third party; and/or
serves as an acknowledgement, by the user, of a fact.

Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Spode to explain it to you before you accept the Terms and Conditions or continue using the Website.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Spode in terms of the CPA.
Spode permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

Returns
Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

Registration and use of the website
Only registered users may order Goods on the Website.
To register as a user, you must provide a unique username and password and provide certain information and personal details to Spode. You will need to use your unique username and password to access the Website in order to purchase Goods.

You agree and warrant that your username and password shall:

• be used for personal use only; and
• not be disclosed by you to any third party.

For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.

You agree to notify Spode immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Spode representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Spode representative.

Conclusion of sales and availability of stock
Registered users may place orders for Goods, which Spode may accept or reject. Whether or not Spode accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Spode for the Goods.

NOTE: Spode will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Spode come into effect (the “Sale”). This is regardless of any communication from Spode stating that your order or payment has been confirmed. Spode will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Spode liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Spode, Spode will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Spode will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.

Payment

We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Payment can be made for Goods via –
debit card;
credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment.
In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Spode Storage will not accept your order if payment has not been received;
Instant EFT;
cash on delivery (except where any of our exclusions apply, as listed in our FAQ); by selecting this option, you undertake to ensure that you have the exact cash on hand at the time of delivery.

Delivery of goods
Spode offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
courier; or
self-collection.
For more information about delivery, please see our FAQs: Shipping and Delivery, which are incorporated into these Terms by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check the FAQs for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
Where it accepts your order, Spode will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.

Spode ’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Spode is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.

Errors
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
Spode shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.

Information
For the purposes of the ECT Act, Spode ’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
Full name: Spode Marketing (Pty) Ltd, a private company registered in South Africa with registration number 2017/283574/07
Main business: Sales, Distribution
Physical address for receipt of legal service (also postal and street address):
Office bearers: Unit 11, Time Business Park, 32 Kubu Ave, Riverhorse Valley, Durban, South Africa
PO Box 1233
Umhlanga Rocks
4320
Phone number: 011 100 4772 / 031 263 0055
Email address: sales@spode.co.za

General
Spode may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or Spode to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
These Terms and Conditions contain the whole agreement between you and Spode and no other warranty or undertaking is valid, unless contained in this document between the parties.

This website can be accessed at spode.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Spode (RF) (Proprietary) Limited (“Spode”, “we”, “us” and “our”).

These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
Only Credit cards and Cheque card with a valid Visa/Mastercard logo and expiry date are accepted on the Website and are administered by Smartcall Technology Solutions. (https://home.smartcalltech.co.za)
Your card details are not stored on this Website.