Refund policy

RETURNS, REFUNDS & EXCHANGES POLICY

This Returns, Refunds & Exchanges Policy applies to products purchased from BreezeMode through our online store in South Africa.

This Policy must be read together with our Terms & Conditions and is subject to the Consumer Protection Act 68 of 2008 (“CPA”), the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), and any other applicable South African law.

Nothing in this Policy is intended to exclude, restrict or waive any consumer right that cannot lawfully be excluded, restricted or waived.

1. ONLINE PURCHASES — 7-DAY COOLING-OFF PERIOD

Where section 44 of ECTA applies to your purchase, you may cancel your purchase without giving a reason and without penalty within 7 days after receiving the product.

To exercise this right, you must notify BreezeMode of your decision to cancel within the applicable 7-day period using the contact details provided below.

If you exercise this right:

  • you will receive a refund as required by ECTA;
  • you are responsible for the direct cost of returning the product to us;
  • if BreezeMode arranges collection on your behalf, the actual direct return courier cost may be charged to you or deducted where permitted by law;
  • no restocking or cancellation penalty will be charged where prohibited by law; and
  • any refund will be processed within the period prescribed by applicable law.

We ask that the fan, charging cable, accessories, manuals and packaging supplied with your order be returned wherever reasonably possible.

You are expected to take reasonable care of the product while it is in your possession.

2. CHANGE OF MIND AFTER THE COOLING-OFF PERIOD

Once any applicable statutory cooling-off period has expired, BreezeMode does not offer returns, exchanges or refunds merely because you:

  • changed your mind;
  • no longer want the product;
  • ordered the wrong colour;
  • purchased the product by mistake;
  • found the product elsewhere for a lower price;
  • decided that you prefer another product; or
  • no longer have a use for the product.

This does not affect your rights where the product is defective, unsafe, incorrectly supplied, materially different from its description, or otherwise returnable under applicable South African law.

3. DEFECTIVE, UNSAFE OR POOR-QUALITY PRODUCTS

BreezeMode products are supplied subject to the statutory warranty of quality provided by the CPA.

Where, within 6 months after delivery, a product fails to meet the standards required by the CPA, including because it is materially defective, unsafe, not of good quality, not in proper working order or not reasonably durable for its intended use, you may return the product without penalty and at our risk and expense.

Subject to the CPA, you may be entitled to choose between:

  • repair;
  • replacement; or
  • refund of the price paid.

These statutory rights apply irrespective of any shorter manufacturer’s warranty or store warranty.

4. INSPECTION OF REPORTED DEFECTS

Where a product is reported as defective, BreezeMode may reasonably request information, photographs, video evidence or the return of the product so that the reported defect and its cause can be assessed.

Where necessary, the product may be inspected or tested.

An inspection will not be used to unlawfully delay or deny a consumer’s statutory rights.

If the product is found to have a defect covered by the CPA, BreezeMode will provide the remedy required by applicable law and will bear return or collection costs where the law requires us to do so.

If the product is found not to be defective and the problem was caused by circumstances excluded under section 6 below, the customer may be responsible for reasonable courier costs to return the product to them, where legally permissible.

5. REPAIRED PRODUCTS

Where a consumer elects a repair under the CPA and:

  • the defect has not been successfully remedied; or
  • another failure, defect or unsafe feature arises

within 3 months after that repair, BreezeMode will provide a replacement or refund as required by the CPA.

6. DAMAGE, MISUSE AND ITEMS THAT ARE NOT DEFECTIVE

To the extent permitted by law, BreezeMode is not responsible for a fault or damage caused after delivery by:

  • misuse or abuse;
  • use contrary to supplied instructions or warnings;
  • intentional or reckless damage;
  • unauthorised modification, disassembly or repair;
  • damage caused by external objects or accidents;
  • use of unsuitable or unsafe charging equipment;
  • excessive voltage or electrical damage caused by equipment outside the product;
  • exposure to liquids or submersion where the product is not specifically represented as waterproof;
  • fire, excessive heat or other abnormal environmental conditions;
  • improper storage;
  • ordinary cosmetic wear and tear; or
  • normal deterioration that is reasonably expected from ordinary use.

For rechargeable batteries, normal gradual reduction in battery capacity resulting from ordinary battery ageing is not automatically considered a defect. This does not exclude a consumer’s rights where a battery fails prematurely, is unsafe, or does not provide the quality or reasonable durability required by law.

BreezeMode will not classify a problem as misuse merely to avoid an obligation under the CPA. Any exclusion will apply only where justified by the circumstances and permitted by law.

7. INCORRECT OR MATERIALLY DIFFERENT PRODUCTS

If we deliver:

  • the wrong product;
  • the wrong colour or model;
  • a product materially different from what you ordered;
  • a product that materially fails to correspond with the description under which it was sold; or
  • goods otherwise returnable under section 20 of the CPA,

please contact us as soon as reasonably possible.

Where the CPA provides you with a right to return the product, BreezeMode will arrange the return or collection at our risk and expense where required by law.

8. PRODUCTS BOUGHT FOR A SPECIFIC PURPOSE

If, before purchasing, you specifically tell BreezeMode the particular purpose for which you require the product and you reasonably rely on our advice that the product will be suitable for that purpose, additional rights may apply under the CPA.

Where the statutory requirements are met and the product is found unsuitable for that communicated purpose within the applicable period, the product may be returned in accordance with the CPA.

General advertising statements or a customer’s personal expectation that has not been communicated to and agreed upon by BreezeMode do not, by themselves, constitute a specific-purpose undertaking.

9. DAMAGED PARCELS OR DELIVERY PROBLEMS

Please inspect your parcel as soon as reasonably possible after delivery.

If your parcel arrives visibly damaged, contains the wrong item or appears to have suffered courier damage, please contact us promptly and, where possible, provide photographs of:

  • the external courier packaging;
  • the shipping label;
  • the internal packaging; and
  • the affected product.

Reporting courier damage within 48 hours helps us investigate the issue with the courier, but failure to report within 48 hours does not remove any statutory right you may have under South African law.

Goods remain subject to the allocation of delivery risk prescribed by applicable law.

10. RETURN CONDITION AND PACKAGING

Where legally applicable, customers should return:

  • the BreezeMode fan;
  • charging cable;
  • straps or other accessories supplied;
  • instruction material; and
  • promotional or bundled items supplied as part of the relevant transaction.

Original packaging should be returned where reasonably possible.

For returns governed by section 20 of the CPA, BreezeMode reserves the right to impose any reasonable charge for use, consumption or necessary restoration that the CPA specifically permits.

No such charge will be imposed where prohibited by law.

A statutory return will not be refused solely because packaging has been opened where opening it was reasonably necessary to inspect or assess the product and the law protects that return.

11. SALE AND PROMOTIONAL PRODUCTS

Products purchased at a discount, during a promotion, using a discount code or as part of a special offer remain subject to the same statutory consumer rights required by South African law.

However, a discounted or promotional purchase does not create an additional change-of-mind return right after the applicable statutory cooling-off period has expired.

Where an entire promotional transaction is cancelled or returned, any free item or promotional product supplied as part of that transaction must also be returned where legally permissible.

12. REFUNDS

Approved refunds will ordinarily be made using the original payment method unless another method is agreed upon or reasonably required.

Refund timing will depend on the legal basis for the return and the processing time of the customer’s bank or payment provider.

Where section 44 of ECTA applies, refunds will be processed within the maximum period prescribed by that section.

Where the CPA requires BreezeMode to bear the cost of returning defective or incorrectly supplied products, the customer will not be charged that return cost.

BreezeMode will not substitute store credit for a monetary refund where the consumer is legally entitled to a refund.

13. COURIER COSTS

For a 7-day ECTA cooling-off return, the customer is responsible for the direct cost of returning the goods.

For a valid return involving defective, unsafe or otherwise non-compliant goods under the CPA, BreezeMode will bear the return risk and expense where required by law.

If a non-defective order is returned to BreezeMode because:

  • the customer supplied an incorrect or incomplete delivery address;
  • the customer repeatedly failed to accept delivery;
  • the parcel was not collected when required; or
  • delivery was refused without exercising an applicable statutory cancellation right,

BreezeMode may recover reasonable actual courier or re-delivery costs to the extent permitted by law.

14. HOW TO REQUEST A RETURN

Before sending a product back, please contact BreezeMode at:

Email: [INSERT SUPPORT EMAIL]
WhatsApp/Telephone: [INSERT NUMBER]

Please provide:

  • your full name;
  • your order number;
  • the product concerned;
  • the reason for the return;
  • reasonable proof of purchase; and
  • photographs or videos where relevant to a defect or delivery issue.

Do not send a return to an address other than the return address provided or confirmed by BreezeMode.

Unauthorised returns sent to unrelated addresses may result in unnecessary delays.

15. PROOF OF PURCHASE

BreezeMode may require reasonable proof that the product was purchased from us.

Proof may include an order confirmation, invoice, payment record or other reliable evidence of the transaction.

16. PRODUCT SAFETY

If you believe your fan or rechargeable battery is overheating abnormally, swelling, smoking, leaking, emitting an unusual smell or otherwise appears unsafe:

Stop using and charging the product immediately and contact BreezeMode.

Do not deliberately continue using a product that appears unsafe.

Nothing in this Policy limits any rights or remedies available under South African law in respect of harm caused by unsafe or defective goods.

17. LIMITATION OF THIS POLICY

Nothing in this Policy:

  • excludes a statutory warranty;
  • excludes liability that may not lawfully be excluded;
  • limits a consumer’s rights under the CPA or ECTA;
  • removes any applicable product-safety rights; or
  • prevents a consumer from approaching a competent consumer protection body.

If any provision of this Policy conflicts with mandatory South African consumer legislation, the mandatory legislation will prevail and the remainder of this Policy will continue to apply to the extent legally permissible.

18. COMPLAINTS AND DISPUTE RESOLUTION

Customers should first contact BreezeMode so that we have a reasonable opportunity to investigate and resolve the complaint.

If a qualifying consumer dispute cannot be resolved directly, the consumer may be entitled to refer the matter to the Consumer Goods and Services Ombud (CGSO), the National Consumer Commission, or another competent dispute-resolution body.

19. GOVERNING LAW

This Policy and purchases made from BreezeMode are governed by the laws of the Republic of South Africa, subject to all mandatory consumer protections that apply to the transaction.

20. SUPPLIER DETAILS

Trading name: BreezeMode
Legal entity / proprietor: [INSERT FULL LEGAL NAME]
Registration number, if applicable: [INSERT]
Physical address: [INSERT]
Address for service of legal documents: [INSERT]
Email: [INSERT]
Telephone: [INSERT]
Website: [INSERT WEBSITE]

21. CHANGES TO THIS POLICY

BreezeMode may update this Policy from time to time.

Changes will not retrospectively remove statutory rights that a customer acquired in respect of a transaction concluded before the change.