Terms and Conditions (GANT)

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Till Slips | Returns | Promotional Offers / Sales | Lay-bys | Gift Cards

COMMUNICATION ON TILL SLIP

We will gladly exchange or refund any non-defective, non-sale / promotional items in a saleable condition, unworn and in original packaging within 30 days of purchase, provided you have the original till slip.

Sale / promotional items are subject to the above conditions but must be returned within 7 days of purchase.

Should you not have your original till slip as proof of purchase, we will be happy to exchange your items at the current system price.

If the items are defective – Please refer to the Hampton Returns Policy.

Items purchased on Lay-By are subject to the Lay-By Terms and Conditions.

Gift Cards purchased cannot be refunded and are subject to the Gift Card Terms and Conditions.

For further information and copies of the Returns Policy, Terms and Conditions on Sales and/or Promotions, Lay-By Terms and Conditions, and Gift Card Terms and Conditions, please visit:
www.spitz.co.za

Or contact our Consumer Care Line on 0861 000 421 and/or [email protected]

Hampton Sportswear Proprietary Limited (authorised licensee of Gant® products and the Gant® trademark)

GANT® - RETURNS POLICY

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This returns policy (“Returns Policy”) of Hampton Sportswear (Pty) Ltd (“Hampton”), as well as the provisions of the Consumer Protection Act 68 of 2008 (“CPA”), should be adhered to at all times. Some credits can however, be processed at the discretion of Hampton’s management. This Returns Policy also applies to Lay-By items.

Note: If merchandise was purchased on sale or on promotion, then the exchange or refund will be to the value of the amount actually paid for the merchandise, being the discounted price as per the discounted value set out on the till slip.

South African law shall govern this Returns Policy and the courts of South Africa shall have exclusive jurisdiction.

Non-Defective Merchandise

Non-Sale/Promotional Items (Merchandise Not Purchased on Sale or on Promotion)

1.1

Customers can return merchandise for a refund or exchange within 30 (thirty) days of the date of purchase, provided that:

1.1.1

the merchandise is in its original or the same condition and packaging;

1.1.2

the merchandise has not been worn or used;

1.1.3

the price (swing) ticket and labels are attached to the merchandise or its packaging;

1.1.4

the original till slip, as proof of purchase, is presented;

1.1.5

merchandise sold with promotional gifts is returned together with the promotional gift; and

1.1.6

the merchandise is returned in the country of purchase.

Sale/Promotional Items (Merchandise Purchased on Sale or on Promotion)

1.2

Customers can return merchandise purchased on a sale or a promotion for a refund or exchange within 7 (seven) days of the date of purchase, provided that:

1.2.1

the merchandise is in its original or the same condition and packaging;

1.2.2

the merchandise has not been worn or used;

1.2.3

the price (swing) ticket and labels are attached to the merchandise or its packaging;

1.2.4

the original till slip, as proof of purchase, is presented;

1.2.5

merchandise sold with promotional gifts is returned together with the promotional gift; and

1.2.6

the merchandise is returned in the country of purchase.

Defective Merchandise

2.1

Customers will be entitled, at their election, to a refund or repair or to exchange any purchased merchandise, which does not comply with the provisions of section 55 of the CPA (“Defective Merchandise”) provided that:

2.1.1

such Defective Merchandise is returned within 6 months of the date of purchase or date of delivery for Lay-By purchases;

2.1.2

the customer presents proof of purchase;

2.1.3

the Defective Merchandise has been used for its intended purpose; and

2.1.4

the Defective Merchandise is returned in the country of purchase.

2.2

The provisions of clause 2.1 above apply to all items, including sale items and/or items bought on promotion.

2.3

Should a customer elect to have the Defective Merchandise repaired, the repaired item will have a 3 month warranty in respect of the repairs and if the repaired item is still defective after the repair the customer will be entitled to either a refund or an exchange.

2.4

Merchandise will not be regarded as defective and a customer will not be entitled to a refund or repair or an exchange in circumstances where the faults in the merchandise result from:

2.4.1

normal wear and tear; and/or

2.4.2

negligence or damage arising from misuse and/or improper or inadequate care of the merchandise; and/or

2.4.3

where the items have been altered and/or dealt with or used contrary to the manufacturer’s instructions.

Exclusions

3.1

A customer may not under any circumstances return the following:

3.1.1

underwear (in terms of public regulations); and/or

3.1.2

merchandise that a customer or any other person has altered, repaired, incorporated or added to and such alteration, repair, incorporation and/or addition has not been authorised and agreed to in writing by Hampton; and/or

3.1.3

any soiled items (if also not defective).

Refunds

4.1

In the event that a customer qualifies for a refund in terms of this Returns Policy and has complied with all the relevant provisions of this Returns Policy, Hampton will refund the Customer the full purchase price paid for the refunded merchandise, or if the merchandise was purchased on sale or on promotion, then Hampton will refund the Customer the amount actually paid for the merchandise, being the discounted price as per the discounted value set out on the till slip. Authorised refunds will be made as follows:

4.1.1

cash and debit purchases will be refunded to the customer in cash;

4.1.2

credit card purchases will be refunded to the applicable credit card used to make the initial purchase;

4.1.3

account purchases will be refunded by crediting the customer’s account; and

4.1.4

Gift Card purchases will be refunded either by crediting the Gift Card used to make the initial purchase, or the issuing of a new Gift Card (electronic or otherwise).

Marketing Communication from Hampton, Gant® and other AVI Limited Brands

5.1

If you have elected to receive communication from Hampton, Gant® and other AVI Limited brands, your personal information and contact details will form part of the Hampton database and we will process such personal information strictly in accordance with the provisions of the Protection of Personal Information Act, 4 of 2013.

5.2

Personal information collected will be used for direct marketing only if you have (a) given your consent; or (b) are a customer of Hampton and we obtained your contact details in the context of the sale of a product or services.

5.3

We will only use your personal information for marketing our own products or services and you will receive marketing communication regarding, (without limitation) upcoming promotions, competitions and offers related to Hampton and other AVI Limited brands.

5.4

Your personal information will be shared with the other AVI Limited brands and their agents to the extent necessary in order to ensure that you receive the marketing communication either via email or SMS and, if applicable, for prizes to be delivered in the event that you are a prize winner.

5.5

You may at any time object, free of charge, to the use of your personal information and opt out of receiving direct marketing communication. Should you wish to opt out, please select the opt-out option made available to you, or contact the Consumer Care Line.

All terms and conditions can be viewed on our websites at www.spitz.co.za

If you have questions regarding any matter relating to your privacy or personal information, or if you believe there has been a breach of your privacy or your personal information, you may either contact us at the Consumer Care Line on 0861 000 421 and/or [email protected]

Alternatively you may file a request for access to personal information in accordance with the AVI Manual in terms of Section 51 of the Promotion of Access to Information Act, 2 of 2000, available at https://www.avi.co.za/wp-content/uploads/2017/03/Promotion-of-Access-to-Information-Manual.pdf .

Alternatively, you may submit a complaint to the Information Regulator in the prescribed manner and form, https://justice.gov.za/inforeg/index.html.

TERMS AND CONDITIONS – GANT® PROMOTIONAL OFFERS AND/OR SALES

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Gant® promotional offers and/or sales (“Promotions”) are conducted by Hampton Sportswear (Pty) Ltd (“Hampton”) and are subject to these terms and conditions (unless indicated otherwise by Hampton).

Promotions are valid for the period indicated on the promotional material and are limited to while stocks last.

Promotions are available at participating Gant® stores in the Republic of South Africa during the period of a Promotion.

Promotions only apply to specially marked items unless indicated otherwise in store or in the promotional material.

The specific terms of Promotions are set out in the promotional material in the participating store.

Promotions are applicable to the marked prices of the applicable items only. Promotions do not apply to merchandise that has already been discounted or is subject to another Promotion. Promotions are not applicable in conjunction with any other special offer, Promotion, discount, or voucher.

The purchase price of merchandise purchased on Promotion will be the amount actually paid for the merchandise , being the discounted price as per the discounted value set out on the till slip.

The benefit of a Promotion cannot be exchanged for cash or for vouchers of any kind whatsoever.

Hampton reserves the right to extend, reasonably shorten, suspend the time period of a Promotion and/or terminate a Promotion whenever it should so choose for technical, commercial or operational reasons, or for reasons beyond its control or generally for any reason whatsoever within their sole discretion. Any rules relating to a Promotion, and/or these terms and/or conditions, may be amended by Hampton, at any time and will be applied and interpreted within Hampton's sole discretion. In such an event, all customers participating in a Promotion (“Participants”) waive any rights that they may have and/or purport to have in terms of such Promotion, to the extent permitted by law, and acknowledge that they will have no recourse against Hampton whatsoever.

Please pay specific attention to the following terms! Please note that these terms require you to take on liability, limit the liability or indemnify Hampton & Gant® . Please read them carefully and ask if you have any questions!

10.

To the extent permitted by law, Hampton & Gant® will not be liable for any defects and/or errors in a Promotion or any losses caused by such defects and/or errors or losses arising from incorrect or inaccurate information supplied by Participants.

11.

To the extent permitted by law, all Participants indemnify Hampton & Gant® , their associated, holding and subsidiary companies and its directors, officers and employees, against any and all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever from their participation in a Promotion.

12.

All Promotion items are subject to the Hampton Returns Policy.

13.

South African law shall govern these terms and conditions and the courts of South Africa shall have exclusive jurisdiction.

14.

If you have elected to receive communication from Hampton and other AVI Limited brands, your personal information and contact details will form part of the Hampton database and we will process such personal information strictly in accordance with the provisions of the Protection of Personal Information Act, 4 of 2013.

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We will only use your personal information for marketing our own products or services and you will receive marketing communication regarding, (without limitation) upcoming Promotions, competitions and offers related to Hampton and other AVI Limited brands.

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All terms and conditions can be viewed on our websites at www.spitz.co.za

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Alternatively, you may submit a complaint to the Information Regulator in the prescribed manner and form, https://justice.gov.za/inforeg/index.html.

TERMS AND CONDITIONS - LAY-BY PURCHASES

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These Lay-By Terms and Conditions of Hampton Sportswear (Pty) Ltd (“Hampton”) should be adhered to at all times and are in accordance with the Consumer Protection Act 68 of 2008.

Identification documents must be provided for verification on entering into a Lay-By agreement (“Lay-By Agreement”).

Promotional or sale items may only be purchased in terms of a Lay-By Agreement if permitted by the terms of a Promotion or as permitted by management, entirely within management's discretion

The Lay-By Agreement will state the date when the Lay-By Agreement begins (“Start Date”).

A minimum deposit of 25% of the contract price is required.

A date of completion will be agreed upon and stipulated in the Lay-By Agreement, which date will be for a period of up to a maximum of 4 months from the Start Date (“Date of Completion”).

The customer must pay the contract price in full on or before the Date of Completion. Failure by the customer to pay the contract price in full by the Date of Completion will be deemed to be termination of the Lay-By Agreement in terms of section 62(4) of the Consumer Protection Act 68 of 2008, without further notice of termination having to be given by the customer.

The item/s will remain with Hampton until the Date of Completion.

The item/s will be kept by Hampton for a maximum of 4 months from the Start Date.

When item/s are collected, the identification document, verified in terms of clause 1, must be provided.

10.

On termination of the Lay-By Agreement before the Date of Completion, a 1% termination penalty on the contract price will be charged and the balance will be paid back to the customer in cash.

11.

If the contract price is not paid in full within 60 business days after the Date of Completion, the Lay-By Agreement will automatically terminate in terms of paragraph 6 above and a 1% penalty will be charged on the contract price and the balance will be refunded to you on your request to us in person.

12.

The 1% termination penalty will not be charged if the customer’s failure to complete payment was due to the death or hospitalisation of the customer.

13.

Items purchased in terms of a Lay-By Agreement are subject to the Hampton Returns Policy.

14.

Hampton reserves the right to extend, reasonably shorten, suspend the term of a Lay-By Agreement, and/or terminate Lay-By Agreements whenever it should choose for technical, commercial, or operational reasons, or for reasons beyond its control or generally for any reason whatsoever within its discretion. These terms and conditions may be amended by Hampton at any time and will be applied and interpreted within Hampton's sole discretion.

15.

To the extent permitted by law, Hampton will not be liable for any defects in a Lay-By Agreement and/or any losses caused by such defects and/or losses arising from incorrect or inaccurate information supplied by you.

16.

To the extent permitted by law, you indemnify Hampton, its associated, holding and subsidiary companies, and its directors, officer and employees, against any and all claims for any loss or damages, whether direct, indirect, consequential, or otherwise, arising from any cause whatsoever relating to a Lay-By Agreement.

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South African law shall govern these terms and conditions and the courts of South Africa shall have exclusive jurisdiction.

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All terms and conditions can be viewed on our websites at www.spitz.co.za

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Alternatively, you may submit a complaint to the Information Regulator in the prescribed manner and form, https://justice.gov.za/inforeg/index.html.

TERMS AND CONDITIONS – GANT® GIFT CARDS

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The Gant® Gift Card is issued by Hampton Sportswear (Pty) Ltd (“Hampton”).

The use of a Gift Cards is subject to the terms and conditions set out herein.

Gift Cards may only be redeemed at Gant® stores only.

Gift Cards have no value unless money is loaded onto the card and activated at a Gant® store till point.

Please present the Gift Card to the cashier at the Gant® store for payment of your purchases.

Purchases will be deducted from the amount loaded on the Gift Card until the value reaches zero.

You will be required to sign a transaction slip when you make a purchase with your Gift Card.

Gant® Gift Cards can be topped up at any Gant® store. The maximum amount that can be loaded on the Gift Card is R5000.00 (Five Thousand Rand).

All purchases in excess of the Gift Card balance will have to be paid for in cash, by card, on account, or on Lay-By Agreement, failing which they will be declined. Any purchases paid in part by Gift Card and in part on Lay-By Agreement, will not be delivered until full payment of the Lay-By Agreement has been made in terms of the Terms and Conditions – Lay-By Purchases.

10.

You can check the remaining Gift Card balance at any till point in a Gant® store.

11.

The balance reflected on the Hampton system is final and binding.

12.

Gant® Gift Cards are only exchangeable for merchandise at a Gant® store and may not be refunded or redeemed for cash, except in the case of a refund in terms of this Policy, which refund will be made by crediting the Gift Card used to make the initial purchase or the issuing of a new Gift Card.

13.

No cash change will be given.

14.

Gift Cards may not be redeemed against purchases made anywhere other than at a Gant® store within South Africa.

15.

No remote redemptions are allowed, such as ordering via e-mail, telephone or internet.

16.

Gift Cards will expire either on redemption of the full value or 3 years from the date of issue, whichever is the earlier. The Gift Card will be closed on the expiry date and the value remaining on the Gift Card will be refunded to you on your request to us in person.

17.

Gift Cards may not be used to make payments into any Gant® account, credit card account and/or a utilities account.

18.

Gift Cards may not be used for any illegal transactions. It is your responsibility to determine whether a transaction is legal or not.

19.

Misuse of Gift Cards may constitute fraud.

20.

Hampton may choose to revoke a Gift Card at any time to protect our interests.

21.

Hampton reserves the right to limit the number of Gift Cards you may purchase.

Please pay specific attention to the following terms! Please note that these terms require you to take on liability, limit the liability or indemnify Hampton and Gant®. Please read them carefully and ask if you have any questions!

22.

You are responsible for the safety of your Gift Card. Should your Gift Card be damaged, lost, stolen or copied, Hampton will not be liable and your Gift Card will not be replaced.

23.

All purchases made with a Gift Card remain subject to the Hampton Returns Policy.

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South African law shall govern these terms and conditions and the courts of South Africa shall have exclusive jurisdiction.

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All terms and conditions can be viewed on our websites at www.spitz.co.za

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Should you have questions regarding any matter relating to your privacy or personal information, or if you believe there has been a breach of your privacy or your personal information, you may either contact us at the Consumer Care Line on 0861 000 421 and/or [email protected]

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Alternatively, you may submit a complaint to the Information Regulator in the prescribed manner and form, https://justice.gov.za/inforeg/index.html.