Returns – Esque

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Returns

OUR SIMPLIFIED RETURN / REFUND POLICY
To log a return please read below and visit https://esque.myreturnscenter.com/

Our policy lasts 30 calender days. Should you wish to exchange or return and obtain a refund for your purchased product within 30 calendar days after delivery has taken place, you will be obliged to cover the shipping costs back to Esque. Esque will happily credit you for the cost of the product (excluding cost of shipping.

If 30 calendar days have gone by since your receipt of delivery, unfortunately we can’t offer you a return, refund or exchange.

To be eligible for a return in any case, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

We unfortunately cannot accept returned products that have been ordered in specifically for you or in bulk or made specifically for you as in 'made to order' products, this includes the customised products. Suppliers and Factories do not accept these returns. We also cannot accept a return once the item has been transported by yourselves from the original delivery address from where Esque delivered to.We outsource our deliveries to various courier companies, and once items are delivered to your specified delivery address, there is a 30 day return policy available to you as the customer whereby the customer must notify Esque they wish to return the item. Once this time frame has expired, the order is closed and we can no longer accept any returns no matter the reason. We are only responsible to deliver items to the specified delivery address. Esque will not be held liable for any damage that may occur at the delivery address, after we have delivered and POD has been signed. Further transportation thereafter is at your own risk and Esque will not be held responsible. Items transported outside of South Africa by yourselves will result in your return policy forfeited.Esque is not responsible for export packaging.
You are responsible to inspect each item upon delivery and a sign POD will be deemed received in good order.

Please do not send your purchase back to the manufacturer privately. They wont know what to do with your product and wont know who you are and where its come from.
Please contact us on shop@esque.co.za and we will arrange for the item to be collected from you by our couriers who will return it to the correct depot for assessment.

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you return is approved, then your refund will be processed, and a credit will automatically be applied to your credit card used to make the purchase.

Esque guarantees that our imported products will be free from defective material and workmanship and we offer a 6 month quality guarantee.
We will only be liable to honour a guarantee if:
the defect existed at the time of delivery and/ or manifested during the warranty period;
the defect did not arise due to normal wear and tear or abuse by the customer;
Should you be unhappy with your product during the guarantee period please send us a photo of the defect along with a written description of the flaw. After assessment we will then be in contact with you to make arrangements either for repair or replacement if possible.

Refunds are processed at month end and will take a few days to reflect between different banks.
If you still have not received your refund, please contact us at
shop@esque.co.za.

Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If the items are delivered damaged, please do not accept the delivery. Rather take photos and send it straight back with the courier driver. Please email the photos to shop@esque.co.za and after investigations we will get right onto your replacement unit. If items are damaged after delivery due to what ever reason - we cannot be held reliable after delivery has been completed and the POD has been signed.

Cancelled orders (before delivery takes place) could be liable for a 5% handling fee depending on status of order.

The above info is a basic outline, easy readable language for the general consumer to understand.
If you enjoy reading legal info, please read on below for our full legal Returns Policy and Consumer Protection Act info below.

OUR FULL COMPREHENSIVE RETURNS POLICY
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 terms below. This policy applies to products bought from Esque. You have 30 days to contact us from date of delivery.
This policy forms part of the Esque Terms and Conditions and 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.

1. Unwanted Products
In general, 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;
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;
it is not listed in section 2 - Products not eligible for return; and
you log a return on the Website within 30 days of delivery to you of the unwanted product. After 30 days you can only return a product if it is defective within 6 months from delivery to you.
We will collect the product from you at no charge. Our courier is entitled to refuse collection of a product that is not properly packaged for transport.
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). Please bear in mind that refunds can take 5 - 10 working days to reflect in your account. We are entitled to refuse a return if the unwanted product is returned damaged, used, not in a re-saleable condition or missing any accessories.

Want to exchange?
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 immediately available, we will credit your account with the purchase price of the product (or refund you if that is your preference) within 10 days of you logging the return.
We reserve the right to inspect the product to validate your return.

Not what you ordered?
If we accidentally deliver the wrong product to you or if the product is not as described on the Website (or if it is missing any accessories), please notify us and we will collect the product from you at no charge. 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 not eligible for returns
The following products are not eligible for a refund, exchange or credit:
products marked "Sale", or featured in the Sales collection.
electronic vouchers;
products which have been personalised/customised for you or made to your specifications, unless defective.
Special orders brought in especially for you in bulk or by special order.
3. Products damaged on delivery
Should a product be damaged at the time of delivery / collection, please notify us of such delivery / collection by logging a return on the Website. Please take photos of the item as you have found it.
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 / replacement is possible) or credit your account with the purchase price of the product (or refund you if that is your preference). Credits and refunds are normally handled within 10 days of logging the return (bear in mind that refunds can take 5-10 working days to reflect in your account). Repairs and replacements could take longer, depending on parts / replacement availability.

4. Defective products
We do our best to ensure that the products we deliver to you are of a high quality 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.
The following will NOT be regarded as defects and will not entitle you to a return under this section 4:
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 unauthorised alterations to the product; and
where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, do not suit you.
Standard Warranty
If you have received a product which turns out to be defective, please notify us as soon as reasonably possible after you become aware of the defect, but in any event within 6 months after delivery of the product.
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 / replacement is possible) or credit your account with the purchase price of the product (or refund you if that is your preference). Credits and refunds are normally handled within 10 days of logging the return (bear in mind that refunds can take 5-10 working days to reflect in your account). Repairs and replacements could take longer, depending on parts / replacement availability.
Please provide suitable packaging for returning the product (it need not be the original packaging), as well as all accessories that were sold with the defective item when you return it to us – regardless of whether you request a repair / replacement or a refund. Our courier is entitled to refuse collection of a product that is not properly packaged for transport. See section 6 below for more information on this.
Where there is no extended supplier warranty period, unfortunately, we cannot facilitate returns that fall outside of the 6 months.

Extended Supplier Warranty (stipulated on product page)
A product may have a supplier warranty that extends beyond the 6 months. If such a product turns out to be defective more than 6 months after delivery / collection, 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.
Please provide suitable packaging for returning the product, as well as all accessories that were sold with the defective item when you return it to us – regardless of whether you request a repair / replacement or a refund. Our courier reserves the right to refuse collection of a product that is not properly packaged for transport. See section 6 below for more information on this.

It is also important to note that it will be in the supplier or manufacturer’s discretion to repair or replace the item, or to refund you. Esque Online Pty Ltd is under no obligation to provide you with a credit, repair / replacement for any return logged after six months, as your remedy lies with the supplier or manufacturer.

5. Vouchers & Gift Cards & Discount Codes
There are two types of Discount Codes: A Discount code with a fixed amount of a discount, e.g. R100 off (“Fixed Discount”), and a Discount with a percentage discount, e.g. 10% off (“Percentage Discount”).
Where you have used a Fixed Discount Code to pay for an order, and you or Esque 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 this Policy, the value of the Fixed Discount will be deducted from 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 Discount of the same value as the original Fixed Discount used. Esque may in its sole discretion impose restrictions on the use of the replacement Fixed Discount. 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 Discount Code to pay for an order, and you or Esque 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 this Policy, the value of the discount received using the Percentage Discount will be deducted from 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 Discount of the same value as the discount received using the original Percentage Discount. Esque may in its sole discretion impose restrictions on the use of the replacement Fixed Discount. 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 Voucher to purchase a product that you later return for a refund in accordance with this Policy, we cannot refund you in cash for that portion of the purchase price which you paid using the Voucher, but we will credit your account.

6. Charges
If you return a defective product to us, but you fail to return all of the accessories that were sold with that product, we are entitled (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 only to credit or refund you in respect of the returned item.
If you return items to us by mistake and you want these returned to you, you may be liable to reimburse Esque for the cost of having the product returned to you.
If you return a product that does not comply with this policy, you may be liable to reimburse Esque for the cost of collecting the product from you and the cost of having the product returned to you.
If you want to return

7. The Consumer Protection Act
Here is some basic information to help you understand the Consumer Protection Act. There is no general right of return under the CPA especially because Esque is an online store.
Please contact our legal department, Woodhead and Bigby Associates for further info.

There is no general right of return
There are a number of sections in the Consumer Protection Act that allow goods to be returned, but it is important to note that there is no general right of return. For example, when a consumer buys an item from a store and the next day they regret spending so much money, or simply do not like the item, the consumer cannot return the item simply because they have had a change of heart. Some retailers do allow consumers to do this, but it is not a consumer’s legal right to do so. A change of heart is not a legal reason to return an item.
There are very limited circumstances (which we discuss below) where a consumer can return an item. However in these cases, even if the law is on the consumer’s side, the supplier can simply refuse to give you your money back, leaving you arguing with a brick wall.

When a consumer can return goods under the CPA
Generally speaking, there are only four instances when a consumer can return goods under the CPA.
1) The direct marketing “cooling-off” period
In terms of s16 of the CPA, if a consumer has bought goods as a result of direct marketing, then for a period of 5 days after receiving the goods, the consumer can:
return the goods,
cancel the entire contract without penalty, and
receive a full refund.
The consumer will have to pay the costs to return the goods.

2) Goods which have not been seen before purchase
In terms of s20 (read with s19) of the CPA, if a consumer has not had the opportunity to examine or inspect the actual goods received before purchase, they are entitled to inspect the goods on delivery. If on this initial inspection they find that:
the goods do not meet the ‘type’ or ‘quality’ they could reasonably expect from the agreement; or
if the goods were made in terms of a special or ‘custom’ order, and the goods do not reasonably conform to the specifications of the order,
then:
the consumer can refuse delivery,
receive a full refund, and
the consumer can cancel without penalty.
The supplier will have to pay the costs to return the goods.

3) Goods do not meet a particular purpose
In terms of s55(3) (read with s20) of the CPA, if a consumer informs a supplier that the goods are being bought to fulfill a particular purpose, and the supplier advises that the goods will meet this particular purpose then:
10 days after receiving the goods,
the consumer can return the goods if it is not suitable for the particular purpose, and
the consumer can cancel without penalty.
The supplier will have to pay the costs to return the goods.
It is important to note that despite the above, the consumer is not entitled to return goods for any of the above reasons (1)-(3) if:
regulation prohibits the return of those goods to a supplier once they have been supplied to a consumer (for reasons of public health or public), or
after having been supplied to a consumer, the goods have been partially or entirely disassembled, altered, damaged, added or combined with other goods or property.

4) Implied warranty of quality
In terms of s56 (read with s55) of the CPA, all goods sold to a consumer are sold with an implied warranty of quality, that cannot be contracted out of or revoked. The warranty gives the consumer the right to receive goods that:
are reasonably suitable for the purpose that they are intended to be used for,
are of good quality, free of defects upon delivery and in good working order, and
will be durable and usable for a reasonable period of time.
If goods are found not to comply with these requirements then, for up to 6 months after receiving the goods, the consumer can:
return the goods, or
get the goods replaced, or
get the goods repaired.
The consumer can do any of these things without penalty and at the suppliers cost. A general ‘voetstoots‘ clause will be insufficient.
However, a consumer will not be able to return the goods because it was defective or not suitable for the purpose if:
the consumer was made aware of the specific defects, and
the consumer agreed to receive the goods in that condition.
A general ‘voetstoots’ clause will be insufficient to get out of the s56 warranty, because you have to mention the specific defects.

A word on ‘refunds’
In-store vouchers or credits are not illegal per se
Wherever the CPA entitles a consumer to a refund, it must be interpreted to mean that the consumer has the election on how to receive the refund. This means that while refunds as in-store vouchers or credits are not illegal per se, if the consumer demands a cash refund the supplier must give it to them. Also in terms of s56, the consumer (not the supplier) can decide whether to choose the refund, replacement or repair.

The ECT Act and returns
The ECT Act has its own consumer protection provisions, some of which will trump the CPA.
If you sell or buy goods online, there are some extra things to consider. Most importantly the Electronic Communications and Transactions Act (ECT Act) will apply to the transaction. The ECT Act has its own consumer protection provisions, some of which will trump the CPA. Specifically, the reasons (1)-(3) for returns listed above do not apply if the ECT Act’s provisions apply to the transaction. Instead of these rights of return, consumers have;
a general right to return (a “cooling off period”);
for seven days after delivery;
for any reason;
without penalty; but
the consumer must pay the costs to return the goods to the supplier.


 

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