- www.kalahari.com (the ) is owned and operated by kalahari.com, a division of MIH Internet Africa (Pty) Ltd, registration
number: 2007/014128/07 (hereinafter referred to as "Kalahari").
- Visitors to the Website ( or ), including those Users who purchase
any products on the Website () are bound by these terms and conditions (). If you do not agree to these T&C, do not continue to use the Website. Your continued use of the Website will constitute acceptance of the
T&C, unmodified by you.
Prior to 29 January 2010, the Website only enabled Users to purchase products
from Kalahari. However, as from 29 January 2010 onwards, the Website has enabled Users to purchase products not only from Kalahari, but also from other persons
(). (Note in this regard that although you will be able to include in your online shopping basket, products
from both Kalahari and one or more Marketplace Sellers, in the event of such a 'mixed' basket, the basket will be separated into various parcels, each to be packaged and delivered
to you by the relevant seller separately to the other parcel/s.)
These T&C apply to your use of, and purchases made on, the Website and are divided into various
sections as follows:
- Part 1 – Purchases from Kalahari – terms and conditions applying to purchases from Kalahari (including where Kalahari acts as sales agent for suppliers)
- Part 2 – Purchases from Marketplace Sellers – terms and conditions applying to purchases from Marketplace Sellers
- Part 3 – General – terms and conditions applying to your use of the Website and any purchases made by you on the Website, whether from Kalahari or a Marketplace Seller.
Product listings which do not specify the name of a third party seller, are products offered for sale by Kalahari and, once added to your shopping basket, will reflect the
Kalahari icon.
Stocks of all goods on offer are limited. Kalahari shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued.
However, should Kalahari be unable to fulfil any order placed by you at the advertised price due to stock having sold out, Kalahari will notify you and you will be entitled to
a refund of the amount paid by you for such product, as explained in more detail in the Refund Policy ("Refund Policy")
If you are unfamiliar with digital products, please pay particular attention to the "eBooks" clauses herein below, which describes the nature and limited
functionality and usage rights of eBooks. Note that, as from May 2012, Kalahari no longer stocks eMagazines.
Kalahari may also enable you to order bouquets of flowers, gift hampers and/or fragrances either for yourself or for a recipient of your choice as a gift.
Restriction on Alcoholic beverages: Note that if you are under 18 years of age, you may not purchase any liquor products, including any hampers containing any alcohol.
Please note that although Kalahari endeavours to accurately describe and/or depict each product on the Website, some
descriptions or photographs may be of a generic nature and not specific to the particular product you wish to buy. However, should you be dissatisfied with the product you
receive for any reason, you are entitled to return the product to Kalahari for a full refund within 7 days of delivery. Please see our Refund Policy
in this regard (which explains how and when you can be refunded, as well as how returns are to be made).
In these T&C, an "eBook" means an electronic book, in .pdf or .epub format, capable of being opened and read on your PC or Mac computer, or certain other hardware
devices ("Devices"), using the kalahari.com Reader software ("Kalahari Reader") or Adobe Digital Editions software ("Adobe Reader"), such digital content reader applications
hereinafter referred to as "Reader Applications". Kalahari recommends the kalahari.com Reader which it has made available for download at http://downloads.kalahari.com/reader/pc/kr.exe
(for PC) or http://downloads.kalahari.com/reader/mac/kr.exe (for Mac).
Your access to any eBook purchased by you from Kalahari will be granted via a link to such eBook’s .acsm file (“Link”)
eBooks will not be able to be read on Devices that do not support either of the Reader Applications.
Even if a Device supports either of the Reader Applications, eBooks will only be able to be read on such Device/s as you have associated with your profile in such Reader
Application. If you have not registered with one of the Reader Applications, you will only be able to read the eBook on the Device onto which it was first downloaded.
You will need to be connected to the internet when you download an eBook and open it for the first time. On subsequent openings of the eBook, you will not need to be
connected to the internet, provided you are opening the eBook from the Device you registered with the relevant Reader Application when you first downloaded and opened the eBook.
All eBooks are the exclusive property of the publisher or its licensors and is protected by copyright and other intellectual property laws. The download of eBooks is intended
for your personal and non-commercial use. Any other use of eBooks purchased from Kalahari is strictly prohibited.
You may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way
exploit, any of the content of eBooks, in whole or in part, and more specifically, you will not print, copy, or ‘lend’ eBooks to any other person (“Illegal Activities”).
By downloading any eBook, you hereby acknowledge and agree to these terms. You hereby undertake that you shall not attempt to be able to do any of the Illegal Activities and
should any of the Illegal Activities be possible for some reason, you undertake to not do so. You hereby indemnify Kalahari from any and all loss, damage, or expense it may suffer
or from claims which may be made by third parties against Kalahari which arise from or in relation to your having participated in any Illegal Activities in relation to any eBook sold
by Kalahari.
You will only be able to include one eBook of any specific type in an order.
If you have any eBooks in your basket together with other products, the basket will be split into different orders.
When purchasing an eBook from Kalahari, you will be purchasing the right to download such eBook from the relevant publisher’s website and consequently, delivery will
take place electronically via the internet as described below.
The Link will contain your unique reference number as allocated by the publisher of the eBook.
By clicking on the Link, a small locator file, unique to you, will be downloaded explaining where you can go to download the eBook. Such locator file should also make
the Kalahari Reader available to you for installation on your computer hardware. If not, , you can obtain the Kalahari Reader by visiting
http://downloads.kalahari.com/reader/pc/kr.exe (for PC) or http://downloads.kalahari.com/reader/mac/kr.exe (for Mac).
If you have any problems relating to the functionality of your Link, please report same to Kalahari at our call centre or via email, so that we can assist you in
resolving the problem.
- constitute an agreement of sale; and/or
- constitute an order for such product,
and as such, Kalahari may remove such product from the shopping basket or wishlist if stock becomes unavailable and you cannot hold Kalahari liable if such product is not available when the purchase cycle is completed at a later stage.
- you electronically submit a properly completed order for one or more products in your shopping basket; and
- payment is either authorised, or received by Kalahari in its bank account
- Kalahari reserves the right, for purposes of preventing suspected fraud , to refuse to accept or process
payment on any order, and/or to cancel any sale concluded between you and Kalahari, in whole or in part, on notice to you. Kalahari shall only be liable to refund monies
already paid by you (see Kalahari's Refund Policy in this regard), and accepts no other liability which may arise as a result of such refusal to
process any order/sale.
-
Save for certain exceptions (including eBooks), and subject to certain charges you are entitled to
cancel any sale concluded on this Website within of the goods and to obtain a refund. You may also cancel a sale
where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 30 days from the order date). Please read
the Refund Policy for further details in this regard.
The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed.
Delivery charges differ depending on a variety of factors, including product type, price, and weight, as well as whether delivery is to be made within, or outside, the
borders of South Africa. Please see details of Kalahari's delivery charges by clicking here.
Value added tax at the rate of 14% is charged on goods bought by South African residents. VAT is not payable on orders if both the billing and the shipping address are international.
Import duties may be payable by recipients of goods in foreign countries. Kalahari does not know what import duties/levies may be payable and cannot calculate or estimate such costs. You are responsible for determining whether any such import duties/levies are payable and, if so, the amount thereof.
Kalahari shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, Kalahari will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.
Subject to the Exceptions listed below, your payment for any products ordered from Kalahari must be made to Kalahari's bank account in any one of the following ways:
At the time of placing the order, the transaction details are presented to the bank and payment is collected immediately. If bank’s authorisation is not obtained, the order
will be cancelled.
If you select the 'pay via bank deposit' button, instructions will be given on how to deposit monies into Kalahari's bank account and it would be subject to the following rules:
- the exact amount must be paid;
- the payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer;
- no transfers may be made from ATM's;
- cheque deposits are subject to a clearing period.;
- no bank deposits are accepted from outside the borders of South Africa; and
- your order will be cancelled if you choose to pay by bank deposit and the amount due is not paid within 5 business days.
If you select the 'Pay now using Standard Bank Autopay' button, you will be taken to the Standard Bank site, where you must login using a card number and password,
and select the account from which payment must be made. Payment is transferred to Kalahari immediately, whereafter you will be returned to the Website and be given an order
number. You must be registered with Standard Bank Internet Banking to make use of this facility.
If you select the 'Pay via eBucks' button, you will be taken to the eBucks site, where you must login using a User ID and Shopping Password and arrange payment. If successful, payment is reserved for Kalahari immediately and you will be returned to the Website and be given an order number. If payment cannot be effected, the order will be cancelled.
You must be registered with eBucks to make use of this facility and is subject to the eBucks terms and conditions while making use of the eBucks site.
By entering the MiMoney voucher number and effecting the transaction you accept and agree to be bound by the MiMoney terms and conditions which are available at
http://www.mimoney.co.za/tnc.php or which can be obtained via fax, email or ordinary mail by phoning 0860mimone.
At the time of placing the order, the transaction details are presented to MiMoney and the order total is validated against the balance attached to the redeemed voucher. For additional security, the voucher number will be validated against the cell phone number to which it was originally sent.
Payment is immediate and the voucher balance is reduced by the order total. Where the voucher balance exceeds the order total, the balance remaining will remain attached to the original voucher number.
MiMoney purchases are restricted to South Africa.
Refunds and cancellations will result in credit being applied to your customer profile.
PayU Express Pay is a service provided by the PayU division of MIH Internet Africa (Pty) Ltd ("PayU") and replaces, as from 1 July 2010, the old 'kalahari.com express pay'
service provided by kalahari.
You can only pay via PayU Express Pay if you are a registered user thereof and your credit card details are on record with PayU. If you are not a registered PayU user,
your registration as such may be facilitated as follows:
- If you were previously a User registered for 'kalahari.com express pay', you may select to have Kalahari facilitate your registration with PayU by
pre-populating the PayU registration forms with the information Kalahari already has on record for you. You hereby acknowledge and consent to Kalahari's disclosure
of your personal information to PayU in doing so. For more details in this regard, see the latter part of our Privacy section below headed "Additional information
regarding 'kalahari.com express pay' Users".
- By selecting payment by PayU, you will be redirected to a PayU webpage. PayU will verify your identity and determine whether you are a registered PayU user
who has placed your credit card details on record with PayU and pursuant to such verification, the PayU webpage will either –
- request you to register with PayU and redirect you to the PayU website in order to do so;
- confirm your registration with PayU, but require you to save your credit card details with PayU; or
- confirm your registration with PayU and display the credit card details PayU has on record for you, requesting you to confirm that payment proceed against one of the credit cards so displayed.
- Pre-order products: Products identified as being on pre-order (in that they can be ordered in advance of their public release date) can only be paid for by credit card.
- Magazine subscriptions: eBucks cannot be used to pay for magazine subscriptions.
- Flowers, gift hampers and fragrances: these can only be paid for via credit card, PayU Express Pay, eBucks and Standard Bank Autopay
Kalahari delivers to addresses both within and beyond the borders of South Africa, save for the following:
Within South Africa only: the following types of products which will only be delivered to addresses within the Republic of South Africa
- Internationally produced music;
- Items that weigh 10kg or more;
- Electronic and Audiovisual merchandise;
- Flowers;
- Gift hampers;
- Fragrances;
To specific cities/towns within South Africa: Boxed Roses can only be delivered in Johannesburg, Pretoria, Cape Town, Durban, Port Elizabeth, East London, and Bloemfontein.
-
Goods to the following international destinations are sent as follows:
- African countries - delivery to a post office in such African country only;
- All other countries - via airmail parcel post or via courier (the costs of courier delivery usually being very high and determined on an ad hoc basis).
Delivery usually takes place within 2 or 3 weeks after dispatch, however, seasonal peaks and delays at customs is outside the control of Kalahari and deliveries may take up to 12 weeks.
- Delivery periods are only regarded as having commenced upon payment confirmation being received by Kalahari.
- If products with different delivery times are ordered together, the product with the longest delivery time will determine the delivery time of all the products in the order. Should you thus wish to receive 24 hour products within 24 hours, for example, Kalahari recommends that you order such products separately from the products requiring longer delivery times.
- Kalahari makes every effort to ensure that the information supplied on the Website is accurate. Where delays and out of stock situations occur, every reasonable effort will be made to inform the Purchaser.
- If paying with a specific credit card for the first time on the Website, Kalahari may carry out certain fraud checks with the cardholder’s bank and the delivery period shall only be regarded as having commenced upon completion of such checks.
- Pre-order products (being products you can order in advance of their public release date) will be handled separately, and will be shipped when ready. If you have any pre-orders in your basket together with other products, the basket will be split into a different orders, and you may choose different delivery addresses for each order.
Alcohol and/or hampers containing alcohol must be signed for on delivery by a person aged 18 years or over, failing which the product will be retained by the courier and delivery thereof will be attempted again at another time and/or date, or otherwise as may be arranged.
eBooks and eMagazines are digital products which will be delivered to you electronically via the internet. More specifically, delivery will occur as follows:
- eBooks
Upon receipt or confirmation of payment, Kalahari will obtain your Link to the relevant eBook from the relevant eBook publisher and deliver such Link to you in your "LibraryBox" page on the Website.
The speed of delivery of a Link will depend on a variety of factors, most of which are internet related and beyond Kalahari's control (such as server availability, ADSL lines etc) and as such, Kalahari does not hereby undertake to make delivery within any specific timeframe. However, as a guide only, delivery should occur within a few seconds, but can also take up to a number of hours.
You will be able to access and click on the Link at any time following delivery thereof to you, subject to certain restrictions. PLEASE TAKE NOTE OF THE FOLLOWING RESTRICTIONS:
- so as to reduce the risk of fraud, eBook publishers limit the number of times any Link can be clicked before access to the Link is blocked. You will be able to
click on such Link at least once, but acknowledge that access to the Link may become blocked after your first click so as to prevent fraud;
- the Link will not appear if you have removed it, or Kalahari has removed it pursuant to your having 'returned' the eBook (if possible in accordance with Kalahari's Refund Policy from time to time);
- Kalahari does not guarantee that eBook publishers will make their eBooks available for download indefinitely and Kalahari accepts no responsibility or liability to you or any other person if, upon your accessing and clicking the Link, the relevant eBook publisher no longer has the eBook available for download via such Link, provided that, if you discover and report such a problem within 6 months of ordering the eBook, you will be entitled to a full refund of the purchase price paid therefor.
- eMagazines
Since 1 May 2012, Kalahari no longer sells eMagazines for Zinio LLC. However, should you have purchased an eMagazine prior to 1 May which you have not yet retrieved, then the following should be noted re delivery: Kalahari
would have delivered to your "LibraryBox' page on the Website, a link () to the Zinio account registration page of
www.zinio.com (), which page will be pre-populated with your
Kalahari e-mail address. You will need to become a registered Zinio Site user. Once registered, Zinio will provide you with a further
link (), accessible from your "My Library" page on the Zinio Site, which link will
enable you to download the eMagazine and all future issues.
You will be able to access and click on the aforesaid links at any time following delivery thereof to you, subject to the following:
- so as to reduce the risk of fraud, in order to register with Zinio to obtain your eMagazine.
- The Zinio Link can only be provided by Zinio if it is able to verify you as being the Kalahari purchaser of the relevant eMagazine. In order for Zinio to verify your
identity and deliver the correct eMagazine to you, It is for this reason that Kalahari has pre-populated the Zinio registration form with such email address.
You must not specify a different email address during the Zinio registration process because if you do Zinio will be unable to send you the Zinio Link to the relevant eMagazine.
Kalahari may make physical and/or electronic gift vouchers (“Vouchers”), as well as electronic promotional coupons (“Coupons”) available on the Website from time to time.
- while they are valid, their expiry dates being unable to be extended;
- on the Website towards the purchase of Kalahari products (other than subscriptions for magazines).
Physical Vouchers can be purchased and will be delivered in the same way that Kalahari products are, either on their own or together with other products.
However, if you place any electronic Vouchers in your shopping basket with other goods, the system will split the basket contents into two orders (one for the goods, and one for the electronic Voucher/s). Payment for the electronic Voucher/s will also be obtained from the bank immediately.
Vouchers cannot be –
- used to purchase other Vouchers or Coupons;
- used to purchase subscriptions for magazines;
- used to purchase Marketplace Sellers' products (even if the latter are included in a shopping basket containing Kalahari products);
- transferred or assigned to any other person once already partially redeemed towards a purchase.
Please note that certain Vouchers may be product-specific in that they can only be used to purchase specific
Kalahari products listed on the Website. For example, although general Vouchers can be used to purchase any Kalahari
products on the Website (including eBooks), eBook Vouchers can only be used to purchase eBooks on the Website.
Coupons are issued electronically at Kalahari's own discretion. Users do not have a right to Coupons and Coupons cannot be earned.
Coupons are issued under specific terms and conditions regulating when and how they may be used. As a general rule, and unless specified otherwise on the specific Coupon itself –
- a Coupon can only be used with promotional offers on the Website;
- only one Coupon can be used per shopping basket; and
- the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you. Please note the following exception
in this regard: should the value of the products in your shopping basket have qualified for 'Free Delivery', but after application of the Coupon to such basket, the remaining balance
is less than the value required in order to qualify for Free Delivery, delivery costs in respect of such basket will be added and be payable by you.
Coupons and their expiry dates are listed under 'MY ORDERS' on the Website.
Note that Coupons cannot be –
- used to purchase other Vouchers or Coupons;
- used to purchase subscriptions for magazines;
- used to purchase Marketplace Sellers' products (even if the latter are included in a shopping basket containing Kalahari products);
- used towards purchases at any affiliate website/s (including www.kalahari.com.ng and www.kalahari.co.ke);
- transferred or assigned to any other person.
Kalahari participates in certain loyalty programme/s as listed on the Website (go to http://www.kalahari.com/help/rewards.aspx for details). Should you be a member of any of such loyalty programmes and wish to earn loyalty rewards or discounts on your purchases of Kalahari products, please go tohttp://www.kalahari.com/help/rewards.aspx.
Kalahari's role this regard is limited to providing to Marketplace Sellers the platform through which Marketplace Sellers can market and sell their products to you and receive payment from you.
Although Kalahari reserves the right to become involved in any disputes between you and a Marektplace Seller in an attempt to resolve same, Kalahari is not obliged to do so and any disputes must be resolved between you and the relevant Marketplace Seller alone.
You will be able to distinguish between Kalahari products and the products of Marketplace Sellers by means of the Marketplace Sellers' names being displayed in the relevant product listings, as well as by means of the icons displayed next to the products in your shopping basket at check-out.
Stocks of all Marketplace Seller's products on offer are limited. Should you have placed a Marketplace Seller's product in your shopping basket which is, or has become, sold-out, such
product will automatically be removed from your shopping basket and you will not be able to order it. Note however that any such removal will be based upon inventory information supplied
by the relevant Marketplace Seller and Kalahari bears no liability for any inaccuracies in the information so supplied to it. Consequently, should you order any product from a Marketplace
Seller which is in fact sold-out, any resulting dispute should be resolved between you and the relevant Marketplace Seller, your respective rights and obligations being as set
out in the Refund Policy.
- constitute an agreement of sale; and/or
- constitute an order for such product
and as such, a product may be removed from the shopping basket if stock is no longer available and you cannot hold Kalahari or the relevant Marketplace Seller liable if such product is not available when the purchase cycle is completed at a later stage.
- you electronically submit a properly completed order for one or more products offered by such Marketplace Seller in your shopping basket; and
- payment is either authorised, or received into Kalahari's bank account on behalf of the relevant Marketplace Seller
- Marketplace Sellers are entitled to cancel any sale/s in whole or in part, only in the event and to the extent of any unavailability of stock of the relevant product/s. In such event, the Marketplace Seller must notify you of the fact that it is out-of-stock and issue you a full refund of the amount paid in respect of such product/s, as per the Refund Policy.
- Save for certain exceptions, and subject to certain charges, the ECT Act entitles you to cancel any sale concluded within of the goods and to obtain a full purchase price refund. Please read the Refund Policy for further details in this regard. However, unlike with sales by Kalahari, you have no other rights to retract any orders made by you, or cancel any sales prior to packaging or delivery, (a) doing so is agreed with the relevant Marketplace Seller, or (b) delivery has been delayed beyond the stipulated delivery date/timeframe, or where no such timeframe is stipulated, beyond 30 days from the order date.
- To protect the interests of customers, Kalahari uses reasonable endeavours to scrutinize transactions with Marketplace Sellers to prevent fraud and a transaction may be refused if Kalahari, in its sole discretion, is not satisfied with its legitimacy. Accordingly Kalahari accepts no liability that may arise as a result of such refusal to process any such transaction.
The price of each product is displayed with the product. Note that any special offers or discounts offered by Kalahari on certain products sold by it from time to time, do NOT apply to sales of products by Marketplace Sellers.
Delivery charges differ depending on the delivery method and product weight. Please see details of delivery charges by clicking here.
Value added tax at the rate of 14% may be charged on products bought by South African residents if the Marketplace Seller is a registered VAT vendor. In the event VAT is charged, it will be included in the purchase price and you will be entitled to request a VAT invoice from the Marketplace Seller.
Marketplace Sellers are responsible for indicating prices and other charges accurately in their product listings.
- Your payment for any product/s ordered from a Marketplace Seller will be made to a Kalahari bank account, to be held by Kalahari on behalf of the relevant Marketplace Seller.
Such funds will only be released to the relevant Marketplace Seller once 14 days have passed since Kalahari’s receipt of –
- a notice from the Marketplace Seller that the product/s has been shipped; or
- an electronic 'Delivery Accepted' notification from you, indicating that the relevant product/s have been delivered and that you have
accepted such delivery,
whichever is received first, unless you have submitted an electronic 'refund request' prior to the expiry of the 14 day period referred to above (in which case the amount
paid to Kalahari will be placed on hold until such time as either you retract your 'refund request', or the relevant Marketplace Seller instructs Kalahari as to which amount/s
should be paid to whom). Please see the Refund Policy as to when you may be entitled to cancel any sales and/or claim refunds. Please note that once
funds are paid across to the Marketplace Seller, there is very little Kalahari can do to assist you in obtaining a refund from that Marketplace Seller for whatever reason, including
non-delivery of the product. Consequently, if you haven’t received the product within 10 days of shipment, please submit a ‘refund request’ so that we can hold on to your funds
pending resolution of the matter. If we do not receive a ‘refund request’ within the aforesaid 14 day period, we will assume you have received and are satisfied with the product
and will pay the Marketplace Seller
- Payment for products sold by Marketplace Sellers will be effected immediately irrespective of the payment method selected by you.
- You will be able to make payment in any of the following ways:
-
At the time of placing the order, the transaction details are presented to the bank and, if authorised, payment is collected immediately. If the bank’s authorisation is not obtained, the order will be cancelled.
-
If you select the 'Pay via eBucks' button, you will be taken to the eBucks site, where you must login using a User ID and Shopping Password and arrange payment. If successful, payment is reserved for Kalahari immediately and you will be returned to the Website and be given an order number. If payment cannot be effected, the order will be cancelled.
You must be registered with eBucks to make use of this facility and will be subject to the eBucks terms and conditions while making use of the eBucks site.
Note that Marketplace Sellers only deliver to addresses within the borders of South Africa.
- The delivery methods and estimated period/s applicable to products sold by Marketplace Sellers will be as specified in the specific product listing. Registered postal deliveries (which you will always be entitled to select), should take approximately 5 working days while deliveries via courier (if this option is made available to you) usually occur quicker, within approximately 3 business days.
- Please note that the aforesaid periods are estimates only and do not constitute periods agreed to between you and the relevant Marketplace Seller for purposes of Section 46 of the ECT Act.
- Please note that such estimated periods have been estimated on the basis that they commence once payment is confirmed and products have been packaged. In this regard, note that although Kalahari obliges Marketplace Sellers to package products and dispatch same for shipment within 2 business days following payment confirmation, Kalahari makes no warranties in this regard, and will in no way be liable should Marketplace Sellers fail to do so, or fail to deliver timeously.
Should you –
- suspect that a Marketplace Seller is selling illegal products, conducting fraudulent activity, or misleading Users in any way, on the Website; or
- receive any unsolicited communications from any Marketplace Seller which are unrelated to any purchases made by you from such Marketplace Seller,
please notify Kalahari thereof via email or +27 21 468 9200, so that Kalahari can take such measures as it deems appropriate.
The onus is on you to ensure that you and/or the person for whom you may be buying a product on the Website, meet any age restrictions applicable to such products ordered by
you on the Website (including liquor products, and DVD’s and Videos) and that these restrictions are observed. For example, if you make a Website purchase of toys for a child or liquor for a friend on the Website, the onus is on you to ensure that the toy is suitable for such child’s age or that your friend is at least 18 years old (as the
case may be). Accordingly you indemnify Kalahari from any and all liability in this regard, including any liability arising as a result of your failure to provide accurate information in
this regard when completing the Website registration process.
Most of the DVDs available for purchase on the Website are encoded for use in region 2 or are encoded for multiple zones. DVD's encoded for other zones will be indicated as such. Please note that it is your responsibility to ensure that you purchase DVD's of the correct zone.
Should you not be satisfied with any product purchased by you on the Website (either from Kalahari or from a Marketplace Seller), by reason of a defect, incorrect choice of product, or
otherwise, you may, under certain circumstances, be entitled to either be refunded or have the product repaired or replaced, as the case may be. The Refund Policy regulates your rights in
this regard, and how products are to be returned to us. Please click here to read such Refund Policy.
A full record of every sale and related transaction between you and Kalahari and/or a Marketplace Seller shall be maintained on the Website for a period of 12 months following the date
of such sale or related transaction. You shall thus only be able to view and print such record during such period, whereafter, you shall be responsible for retaining your own record of the
relevant sale or related transaction.
Save for Kalahari being liable to you –
- under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by Kalahari to you via the Website; and
- under sections 43(5) and 43(6) of the ECT Act in relation to Kalahari’s payment systems not being sufficiently secure,
It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Kalahari and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the 'Disputes' clause of these T&C, you and Kalahari submit to the non-exclusive jurisdiction of the South African courts.
Kalahari shall take all reasonable steps to protect your personal information. 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). PAIA may be downloaded from: http://us-cdn.creamermedia.co.za/assets/articles/attachments/03569_promofaccestoinfoact2.pdf
- name and surname;
- birth date;
- gender;
- country of residence;
- closest city;
- non-personal browsing habits and click patterns;
- e-mail address;
- mobile number (if provided by you);
- IP address; and
- ID number / passport number.
- to greet you when you access the Website;
- subject to your consent, to inform you of facts relating to your access and use of the Website;
- subject to your consent, to inform you about competitions and special offers from Kalahari and/or its partners / affiliates;
- to compile non-personal statistical information about browsing habits, click-patterns and access to the Website;
- to verify your identity when transacting with Kalahari and/or Marketplace Sellers;
- to verify your identity to determine whether you are a registered PayU Express Pay user who has placed your credit card details on record with PayU;
- to ensure that the goods are received by the addressee; and
- to facilitate communication between you and any Marketplace Sellers from whom you have made purchases.
Information detailed above is collected either electronically by using cookies or is provided voluntarily by you. You may determine cookie use independently through your browser
settings.
You may elect not to receive any communications from Kalahari and/or its partners / affiliates.
- Kalahari shall not disclose your personal information unless –
- you consent thereto;
- disclosure to a Marketplace Seller is necessary for purposes of your purchases from such Marketplace Seller;
- disclosure to Zinio LLC is necessary for purposes of any eMagazine purchase made by you via the Website prior to 1 May 2012 (ie Kalahari would need to provide to
Zinio such of your personal details, as per Kalahari’s records, so as to pre-populate the Zinio account registration page with your name and e-mail address required to
set up your Zinio account for purposes of retrieving that eMagazine); or
- through due legal process.
- Kalahari may compile, use and share any information that does not relate to any specific individual; and
- Kalahari owns and retains all rights to non-personal statistical information collected and compiled by Kalahari.
You acknowledge and agree that certain personal information (i.e. your full names, delivery address, email address, and contact number) will be disclosed to Marketplace Sellers from whom you have ordered products in order to enable delivery of such products to you and to facilitate communication between you in relation to your purchase of such products.
Users who have in the past chosen to subscribe to the 'kalahari.com express pay' service () would have provided additional information to Kalahari for purposes of facilitating quick credit card payments on the Website as follows:
- credit card details (ie type of card; card number; and expiry date);
- billing address
The 'kalahari.com express pay' service was replaced on, 1 July 2010, by the PayU Express Pay service (originally known as ‘PayJar’ Express Pay). The PayU Express Pay service is
operated by PayU Payment Solutions (Pty) Ltd () and consequently, Express Users would have to re-register with PayU for such service.
If you were an Express User and have notified or notify Kalahari that you wish to register for the new PayU Express Pay service, you consent to Kalahari disclosing to PayU such of your
personal information (including full names, identity number, credit card details and billing address) as is required to pre-populate your PayU registration forms.
Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that Kalahari suffers any damage or loss.
- be used for your personal use only; and
- not be disclosed to any third party.
You allow Kalahari to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.
All credit card transactions are Secure Socket Layers encrypted. Kalahari's registration documents and the Website's registered domain name are checked and verified by Thawte.
Kalahari may, in its sole discretion, change these T&C or any part thereof at any time on notice to you.. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in any way, the Website.
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Kalahari on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of Kalahari, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf.
Kalahari is not your, or any Marketplace Seller's, agent and will not act as either of your agent in connection with resolving any disputes between the two of you.
Kalahari chooses as its address for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: 4th floor, Eleven Adderley, 11 Adderley Street, Cape Town, 8001, South Africa, with a copy to legal@mihinternet.com (the sending of such copy being required in order for any notice to be validly delivered to Kalahari).
These T&C shall commence from the date on which they are published on the Website and continue indefinitely, as amended by Kalahari from time to time (as described above),
for so long as the Website exists and is operational, Kalahari being entitled to terminate these T&C and/or shut down the Website at any time (subject to still processing any
orders then already placed and accepted by Kalahari).
Any and all copyright subsisting in the Website, including these T&C, vests in Kalahari and all rights not expressly granted are reserved.
Unless you have registered as an e-trader with Kalahari (go to http://etrader.kalahari.com/default.asp for details), you may only download, view and print content from this Website for private and non-commercial purposes.To obtain permissions for the commercial use of any content on this Website e-mail us or phone customer support on +27 (0)21 468 9200 for assistance.
Kalahari cannot screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform Kalahari of any content that may be offensive or illegal.
All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Kalahari and as such are protected from infringement by local and international legislation and treaties.
When you visit the Website or send e-mails to Kalahari, you consent to receiving communications from Kalahari electronically and agree that all agreements, notices, disclosures and other communications sent by Kalahari satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing".
Hyperlinks provided on this Website to non-Kalahari sites are provided as is and Kalahari does not necessarily agree with, edit or sponsor the content on such web pages.
No person, business or web site may frame this site or any of the pages on this Website in any way whatsoever.
No person, business or web site may use any technology to search and gain any information from this Website without the prior written permission of Kalahari. Such permission could be obtained from etrader@kalahari.com.
The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered.
is as follows:
kalahari.com, a division of MIH Internet Africa (Proprietary) Limited, registered in South Africa, registration number 2007/014128/07
Online retailer
4th floor, Eleven Adderley, 11 Adderley Street, Cape Town, 8001, Republic of South Africa
Oliver Rippel (Director), Wayne Benn (director)
webmaster@24.net
http://www.kalahari.com
support@kalahari.com
The manual published in terms of section 51 of the Promotion of Access to Information Act No 2 of 2000 may be downloaded from http://www.naspers.co.za
not applicable
will be available in the relevant Product listing and/or via the customer support centre contactable at +27 (0)21 468 9200
Kalahari delivers both within South Africa, and internationally. Delivery promotions may run for specified periods and when available they will be advertised on site and in the Free delivery section. Delivery charges on orders placed from Kalahari outside the specified promotion dates will be calculated according to the following rules:
- Delivery charges are calculated automatically on the total value and weight of all products included in an order, when the order is created.
- The cost of delivery within the borders of South Africa is as follows:
- If the total weight of an order is under 10Kg:
- where the value of the goods in the order is more than R250.00 (after promotional vouchers, magazine subscriptions, bill payments and special discounts have been deducted) - there is no delivery charge;
- where the value of the goods in the order is less than R250.00 - the delivery charge is R35.00 for courier delivery, and R55.00 for post office delivery.
- If the total weight of an order is 10Kg or more, but less than 20Kg: the delivery charge is R65.00.
- If the total weight of the order is 20Kg or more, the delivery charge is R67.50 plus R0.5025 per kilogram over 20Kg.
- Irrespective of product weight, delivery is free for pre-order products over R385.00 in value.
- Note that the South African Post Office only accepts parcels with a maximum weight of 30Kg.
- The cost of delivery outside the borders of South Africa is payable in South African Rands.
The following minimum delivery charges are payable, per order, irrespective of the value of the products ordered:
- Namibia - R 65.00;
- African countries (excl Namibia) - R 199.00;
- United Kingdom - R 120.00;
- Other International deliveries - R180.00.
- Note that the actual delivery charges are subject to increase based on the weight of the order, once packaged for shipment.
Kalahari does not charge any delivery fees for electronic delivery of the relevant eBook or eMagazine Link.
However, you may incur costs (eg ISP fees) associated with downloading the eBook, eMagazine and/or Link thereto and Kalahari will not under any circumstances be liable for any such costs incurred by you. (In this
regard note that eBooks can be anything from approximately 200kB to a few Megabytes in size.)
Products purchased from Marketplace Sellers will only be delivered to addresses within South Africa.
Delivery charges payable by you are calculated on each product ordered, and not on the total value of your shopping basket or order.
The delivery charge per product is based on weight and delivery method and will be calculated and specified upon check-out of the relevant product ordered, based upon available product information.
The minimum delivery charge (for products weighing less than 1 Kg) is as follows:
- R35 for postal delivery; and
- R87 for courier delivery.
Note that the South African Post Office only accepts parcels with a maximum weight of 30Kg.
Save for certain exceptional cases (as listed below), you are entitled to cancel any purchase made via this Website within 7 days after your receipt of the product and to obtain a
full purchase price refund, subject to being charged by the seller thereof for the return of the product (which, in the case of a
product sold by Kalahari, must occur by following the returns procedure set out in the ‘Arranging Returns’ section below).
Note that although you are entitled to ‘cool off’ and cancel your purchase as aforesaid, you must return the product in the condition
you received it.
EXCEPTIONS: the ability to cancel purchases of non-defective products as set out above will NOT apply in respect of the following types of products:
- Books, magazines, newspapers and periodicals;
- Audio or video recordings (ie CD’s or DVD’s) or computer software (ie computer games) which have been opened/un-sealed;
- Foodstuffs, beverages or other goods intended for everyday consumption
- Flowers and other products which are likely to deteriorate or expire rapidly; and
- Products which by reason of their nature cannot be returned (which include eBooks, eMagazines, electronic Vouchers, and for hygiene reasons, iPods, underwear, swimwear, and earrings for pierced ears).
You will only be entitled to a refund in respect of the exceptions listed above in the event and to the extent that any such refund is provided for under the express provisions of this Refund Policy herein below.
If a product purchased is not delivered within the agreed delivery period, or where no specific period was agreed, within 30 days after having purchased the Product, the ECT Act entitles you to cancel such sale on 7 days notice to the seller of such product (i.e. either Kalahari or the relevant Marketplace Seller, as the case may be), the functionality for giving such notice being provided on the ‘my orders’ webpage of the Website.
Should a product purchased be unavailable, the seller thereof (i.e. Kalahari or a Marketplace Seller, as the case may be) must notify you and issue a full refund within 30 days after such notice.
Save for any purchase of an eBook, eMagazine or electronic Voucher, which cannot be cancelled once purchased, you are entitled to cancel (either in whole or in part) any sale
without attracting any cancellation and/or administration charges if you cancel prior to the packaging of the products so sold. Such early cancellations can only be effected online on
your ‘my orders’ webpage (it being recorded that, the functionality for cancelling any sale will only be available for so long as you are entitled to cancel same on a penalty-free
basis).
* If timeously cancelled as aforesaid, you will be fully refunded in respect of such cancelled sale (including delivery charges), without any administrative or other charges being payable; provided that, should a sale only be partially cancelled and delivery charges as re-calculated on the value of the revised order exceed the delivery charges as calculated on the original order, you shall be liable for the amount of such excess delivery charges.
- GENERAL RULE: If, within 6 months after delivery of a product to you,
- you find that the product is defective/faulty, unsuitable for the purpose for which it was indicated in the product description (or otherwise generally intended), not legal, or not
reasonably durable (based on circumstances and product type) (hereinafter referred to as being “Defective”); and
- you arrange to return such product to Kalahari for inspection in the manner described in the ‘Arranging Returns’ section below (being the ONLY manner in which returns will be
accepted)
and the product is subsequently found -
- to indeed be Defective, you are entitled to either (a) have the product repaired or replaced at Kalahari’s expense, or (b) be fully refunded;
- NOT to be Defective, you will be liable for the costs incurred in having such product returned to Kalahari and then re-delivered to you.
- WHEN IS A PRODUCT ‘DEFECTIVE’? Please note that the following issues/problems will NOT render the product Defective 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 Kalahari, has altered or damaged the product. 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 (eg a cracked screen), then you must report it to Kalahari as soon as possible and within 48 hours. If only reported after
48 hours, it is reasonable for Kalahari or its suppliers 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 clothing does not fit you because your measurements do not accord with the item’s size (ie you have incorrectly estimated/measured your size);
- encoding on DVD’s not being compliant with your zone (save where the encoding was incorrectly specified in the relevant product description);
- Flowers: Due to seasonal and regional availability, an exact replica of any flower bouquet design shown cannot be guaranteed and substitutions will be made where required
using the nearest equivalent while paying attention to overall shape, size, style, and colour combinations
- electronic hardware or software (including computer games) purchased by you which are not compatible with your operating system and/or existing hardware .
Consequently, before purchasing any electronic hardware or software, please confirm that same is compatible with your existing hardware and operating system.
System requirements are usually available on the manufacturer’s websit
- Photographic equipment which shows evidence of (a) impact, sand, liquid or moisture damage; (b) dropping, mishandling or tampering; (c) battery
or chemical corrosion; (d) damage caused by connected equipment; or (d) use contrary to the applicable instruction manual
- if an eBook or eMagazine link does not give you access to the relevant eBook or eMagazine because –
- you have no internet connection, or the eBook or eMagazine is blocked by your firewalls, or a similar internet or network related restriction is present on your end;
- in the case of an eBook, you have clicked on the Link more than once;
- in the case of an eMagazine, you have clicked on the Kalahari Link more than once; or
- payment therefor has failed.
- the inability to open or read an eBook pdf file -
- on more than one Device simultaneously;
- due to the related kalahari.com Reader application or Adobe Digital Editions Reader application (as the case may be) being faulty/defective;
- on a Device which you have not yet associated/registered with the relevant Reader Application; or
- because you are unable to associate your device with a Reader Application because you are not connected to the internet;
- the inability to open or read an eMagazine file –
- due to the Zinio Reader being faulty/defective
- on a device which you have not yet associated/registered with Zinio Reader; or
- because you are unable to associate your device with Zinio Reader because you are not connected to the internet
- 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), Kalahari will only be able to repair, not replace same.
- Certain product types which have been opened: To combat the illegal copying of digital media, if the following types of products are returned for being defective or damaged, they will only be replaced with another copy of the same product and will not be refunded: CDs, Videos, DVDs, audio tapes, computer software, games and printer consumables.
- Photographic equipment: When returning the product, the relevant invoice and proof of payment must also be returned to Kalahari. Assessments and repairs are carried out by the approved repair centres and may take up to 6 weeks.
- eBooks
Due to the many variables which could render an eBook (being the .pdf or .epub file) or the Link thereto (being .acsm file) problematic or defective; the fact that it is not possible to return a defective Link or eBook to Kalahari for inspection; and the resultant difficulty in proving the existence or cause of any defect, any alleged defect in an eBook or Link thereto shall be dealt with as follows:
- Should you experience any problems in using the Link to access the eBook, or in opening or reading the eBook itself, or, although able to read the eBook, the eBook is defective in some other way (missing pages, incorrect book, etc), you must report the problem to Kalahari via email or by contacting the call centre at +27 21 468 9200, within 6 months of purchase.
- If timeously reported as aforesaid, Kalahari shall assist you in determining the possible cause/s of the problem and how to rectify same. If Kalahari deems it necessary, it may liaise with the relevant service providers in this regard to rectify the problem or to issue you with a new Link if required, but no refunds shall be issued unless Kalahari, determines that a refund would be appropriate.
- It should be noted that it will be even more unlikely that Kalahari deems a refund appropriate if you have already downloaded the eBook. Consequently, if you believe an error has been made in your purchase (ie you’ve accidentally ordered the incorrect eBook), please report the problem to Kalahari WITHOUT clicking on the Link to download the eBook.
- eMagazines
Similarly to eBooks, due to the many variables which could render an eMagazine file or either of the links thereto problematic or defective; the fact that it is not possible to return a defective link or eMagazine to Kalahari for inspection; and the resultant difficulty in proving the existence or cause of any defect, any alleged defect in an eMagazine or any link thereto shall be dealt with as follows:
- Should you experience any problems in using the Kalahari Link to access the Zinio account registration page, you must report the problem to Kalahari via email or by contacting the call centre at +27 21 468 9200, within 6 months of purchase. If timeously reported as aforesaid, Kalahari shall assist you in determining the possible cause/s of the problem and how to rectify same. If Kalahari deems it necessary, it may liaise with Zinio in this regard to rectify the problem or to issue you with a new Kalahari Link if required, but no refunds shall be issued unless Kalahari, determines that a refund would be appropriate.
- Should you experience any problems in your Zinio account registration process, or in accessing the Zinio Link or opening or reading the eMagazine, or the eMagazine is defective in some other way, you must report the problem to Zinio by contacting its support centre in the USA at -1-888-946-4666 (Monday to Friday, 7am to 6pm PST) or support@zinio.com. As stated in the Kalahari General Terms and Conditions, eMagazines are sold by Kalahari on behalf of Zinio and purchasers must thus look to Zinio in relation to the proper delivery of the eMagazines.
- Notwithstanding the aforegoing, and without imposing any obligations or liability on Kalahari or Zinio, if you believe an error has been made in your purchase (ie you’ve accidentally ordered the incorrect eMagazine), please DO NOT click on the Kalahari Link. Report the problem to Kalahari and we will liaise with Zinio as to how it wishes to proceed. In doing so, you will improve your chances of Zinio agreeing to a cancellation of the sale, it being recorded however, that neither Kalahari nor Zinio are ever obliged to cancel the sale or refund you.
- Manufacturer’s Warranties/Guarantees: Certain products may carry additional manufacturer’s warranties/guarantees which are wider in scope,
and/or longer in duration, than the 6 month warranty generally provided (as discussed above). Consequently, if a defect is discovered AFTER 6 months from delivery,
you could still rely on the following:
- Electronic hardware (excluding Gaming Consoles)
- Electronic hardware manufacturer guarantees are normally a 1 year repair guarantee. Kalahari’s liability under such Electronic Hardware Manufacturer Guarantee is restricted to the costs of repair or replacement of faulty goods or granting of a credit at the sole discretion of Kalahari and its suppliers after investigation and/or testing of goods.
- All Electronic Hardware Manufacturer Guarantees are immediately null and void should any equipment be tampered with, or the seals on equipment be broken by anyone other than the manufacturer’s representative, or the goods be operated outside the manufacturer’s specifications.
- Under no circumstances will Kalahari be liable for any damage arising from any misuse or abuse of the goods.
- No writable media CD-R, CD-RW, DVD-RW may be returned under an Electronic Hardware Manufacturer Guarantee.
- Gaming Consoles
Warranties on gaming consoles (Playstation, Xbox 360, Nintendo) are carried by the manufacturer and are not the responsibility of Kalahari.
For gaming console warranty claims please contact the following:
Playstation warranty claims please contact: 0861 773 783 Partserve
Wii warranty claim please contact: 087 940 3200 Nintendo
Xbox warranty claims please contact: 0861 926 360 Midigital
- Games and Software
Defective games and other software may be exchanged for the same game/software, but no refunds will be payable.
- Photographic Equipment:
- The Manufacturer warranties on Photographic Equipment (“Photographic Equipment Warranty”) endure for a period of 1 year from the date of purchase (“Photographic Equipment Warranty Period”) against defects in workmanship and materials.
- To obtain service under this warranty, the product together with the original invoice and proof of payment must be sent back to Kalahari.
- The Photographic Equipment Warranty set forth above does not cover
- routine cleaning or normal cosmetic and mechanical wear and tear;
- damages, defects or unsatisfactory performance caused by the attachment of lenses, flashes or other accessories not produced by the same company as the product purchased; or
- damages, defects or unsatisfactory performance caused by repairs performed by any party other than a facility authorized by Kalahari (as listed on the Website).
Products which are NOT defective, damaged or unsuitable as discussed above, but which you want to return for whatever reason, can be returned within 7 days from delivery,
as explained above under ‘Non-Defective Products – your right to ‘Cool Off’. by following the returns procedure set out in ‘Arranging Returns’ below.
NOTE: Íf 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
or wear the Product. Jewellery and accessories in particular, need to be returned in mint condition and not have been tampered with. Remember that Kalahari may hold you liable
for any damage you cause to the product (including its packaging) while in your possession.
Incorrect Product: If the incorrect Product is delivered to you by mistake (ie 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 Kalahari call centre at +27 21 468 9200 to notify Kalahari thereof, so
that we can resolve the mistake by arranging to collect such Product from you and deliver the correct Product to you, as quickly as possible.
If you want to return a product you have purchased from Kalahari for any reason permitted under this Refund Policy, you must in all instances first
notify Kalahari thereof to inform us of the reason for your return by contacting us via either:
Once you have successfully logged your return as aforesaid, Kalahari 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 on the courier’s collection slip.
IMPORTANT:
- Kalahari is not able to accept the return of any products which have not gone through the above process and/or are not accompanied
by a valid RA Number. Products returned without a valid RA Number will not have been validly returned and may be sent back to you at your expense.
- Please treat products and packaging with reasonable care while in your possession. Nothing herein detracts from any right Kalahari may
have to hold you liable for any damage you cause to a product (including its packaging) while in your possession.
Should you be entitled to a refund for any reason, such refund shall –
a) in the case of payment having been made by credit card or eBucks, be effected on the credit card or eBucks account as the case may be, provided that if you are refunded on a credit card in respect of only a portion of any order placed by you, then any subsequent refunds processed in respect of that order will be credited to your Kalahari shopper profile in accordance with (b) below;
b) in other instances, be credited to your Kalahari shopper profile, in which case you have the right to request that the funds be paid into your bank account, being your bank account as reflected on Kalahari’s records. Kalahari will not, in this instance, pay funds into a third party bank account.
As refunds need to be processed by the banks, please note that the processing of refunds can take up to 5 working days from approval date
Subject to the provisions herein below which Marketplace Sellers have agreed to abide by, each sale by a Marketplace Seller is subject to such further terms and conditions
as may be agreed between you and the relevant Marketplace Seller and any refunds or adjustments will only be provided in accordance with the terms so agreed, or otherwise in
the Marketplace Seller's sole discretion.
In the event that a Marketplace Seller is out of stock of the product ordered by you, the Marketplace Seller must 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.
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.
Note that Marketplace Sellers may sell new and/or used products and it is important for you to take note of the product condition as described in the relevant product listing prior to ordering same because, for example, a dog-earred book will not be regarded as defective if the fact that it is dog-earred was disclosed in the product condition description.
- Marketplace Sellers may grant additional warranties/guarantees in respect of products listed by them in Marketplace, as indicated in the relevant product descriptions.
Products which are NOT defective, damaged or unsuitable as discussed above, but which you want to return for whatever reason, can be returned within 7 days from delivery, as
explained above under 'Non-defective Products – your right to Cool Off'.
Marketplace Sellers issue refunds by means of an electronic instruction to Kalahari to do so. Note that in processing refund instructions received from Marketplace Sellers, Kalahari merely follows the instructions of the Marketplace Sellers and is not obliged to exercise any discretion, or resolve any disputes in relation to the payment of a refund.
Should a Marketplace Seller instruct Kalahari to pay a refund, such refund shall –
a) in the case of payment having been made by credit card or eBucks, be effected on the credit card or eBucks account as the case may be, provided that if you are refunded on a credit card in respect of only a portion of any order placed by you, then any subsequent refunds processed in respect of that order will be credited to your Kalahari shopper profile in accordance with (b) below;
b) in other instances, be credited to your Kalahari shopper profile, in which case you have the right to request that the funds be paid into your bank account, being your bank account as reflected on Kalahari’s records. Kalahari will not, in this instance, pay funds into a third party bank account.
Please note that although Kalahari facilitates Marketplace Sellers’ sales and refunds, and obliges Marketplaces Sellers to conduct themselves lawfully, Kalahari
cannot guarantee that Marketplace Sellers will sell you non-defective products, or that they will comply with their return and refund obligations as set out above,
and Kalahari will not be liable in any way for a Marketplace Seller’s failure to conduct itself lawfully. However, should you encounter any problems with Marketplace
Sellers, please report it to Kalahari.