RETURNS POLICY

PLEASE CHOOSE YOUR PRINT CAREFULLY! The Photographer does NOT give refunds if you have simply changed your mind AND/OR have made the incorrect decision AND/OR are expressing some kind of ‘buyer’s remorse’. Please keep your receipt as proof of purchase.

19.1 The right to return is governed by the Consumer Protection Act and the Electronic Communications Act. The User is advised to please choose carefully before purchasing from the Kyle Kingsley website, and should not carelessly enter into transactions under the misapprehension and false expectation that you may be entitled for a refund.

19.2 The User may ONLY return a Product in the following instances:

19.2.1 Where the product is unsafe for the purpose for which the Product was generally intended and/or is bad quality, not in good working order and defective, and/or unusable and durable for a reasonable period of time.

Within 6 (six) months after the delivery of the Product to the User, you may return the Product to the Photographer, without penalty and at the Photographer’s risk and expense, if the Product fails to satisfy the requirements and standards set out in S55 of the Consumer Protection Act, and the Photographer must, at the direction of the User, either -

(a) repair OR replace the failed, unsafe or defective Product; OR

(b) refund to the User, using the original payment method, the price paid by the User, for the Product.

19.2.2 Where the Photographer has delivered the Product to the User in terms of an agreement arising out of direct marketing, and the User has rescinded that agreement during the ‘cooling-off period, in accordance with S44 of the Electronic Communications Act: -

‘Direct marketing’ means to approach a person, either in person or by mail or electronic communication, for the direct or indirect purpose of -

(a) promoting or offering to supply, in the ordinary course of business, any goods or services to the person; or

(b) requesting the person to make a donation of any kind for any reason.

The process is that the:

(a) User must within 7 (seven) days of delivery advise the Photographer, in writing or other recordable form, that he is rescinding the agreement;

(b) The User must return the Product delivered within 10 (ten) business days of delivery of such goods; and

The Product will be returned at the risk AND expense of the User.

19.2.3 Where the User did not have an opportunity to examine the Product before delivery and where the User has now rejected delivery.

Valid reasons for rejection of delivery are ONLY when: -

(a) The type and quality of the product are not as reasonably contemplated in the agreement; or

(b) The Product differs in a material respect or characteristic from the product description, based on what the ordinary reasonable and alert ‘consumer’ would be entitled to expect; or

The Product will be returned at the risk and expense of the Photographer.

19.2.4 A Product has been ordered; however, it is delivered mixed with other goods that were not ordered by the User, and the User accepts delivery of the ordered goods.

In this instance, the User can: -

(a) Reject the goods not ordered; or

(b) Reject ALL the delivered goods.

The goods must then be returned within 10 (ten) business days of delivery. This is done at the risk AND expense of the Photographer.

19.2.5 A Product was intended to satisfy a particular purpose, communicated to the Photographer as contemplated in S55(3) of the Consumer Protection Act, and within 10 (ten) business days after delivery to the User, the Product has been found to be unsuitable for that particular purpose. The Product must be returned at the risk AND expense of the Photographer.

19.3 The User forfeits his right of return, other than for defective or unsafe products as contemplated in paragraph 19.2.1 above, if the Product concerned:

19.3.1 Has been disassembled, altered, permanently installed, affixed or combined with other goods; or

19.3.2 A public regulation for reasons of public health or other prohibits the return of such goods.

19.4 IN SHORT - The Photographer is NOT liable for User generated mistakes. It falls within the Photographer’s discretion to allow a repair, exchange or refund where the Product is faulty, wrongly described, different from the sample shown to you or does not perform as intended.