Shipping & Refund Policy

2. Interpretation

In this agreement unless the context otherwise requires:

• a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
• these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
• any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
• Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
• in this agreement references to a party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.
• the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
• a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
• in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated R TBC per hour.
• these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
• this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3. Our contract with you
   • This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
   • Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
   • If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
   • Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
   • The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
   • If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
   • We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
4. Acceptance of your order
   • Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order.

AND

• At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.
• If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
  • accept the alternatives we offer;
  • cancel all or part of your order.

5. Price and payment
   • The Price is as set out in the order.
   • It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
   • If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.
   • Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Rand will be borne by you.
   • Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
   • If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
   • The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
   • If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 15days from the date when we accept that repayment is due.
6. Security of your credit card

We take care to make Our Website safe for you to use.

• Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

7. If you buy as a Consumer

This paragraph applies if and only if, you are a consumer as defined in the Electronic Communications and Transactions Act 2002.

• As required by the law, details of our after-sales service and guarantees, if any, are given in Our Website terms and conditions or in catalogues.
• You may cancel your order at any time before the expiry of 7 days from the date you receive the Goods, not including the day you received it.
• The option to cancel your order is not available:
  • if you purchase sealed Goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
  • sealed audio or sealed video recordings or sealed computer software, if these become unsealed after delivery;
  • if the Goods become mixed inseparably (according to their nature) with other items after delivery.
• You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
• If the Goods you return, show any sign of damage or loss due to your checking then we shall be entitled to deduct the cost from your refund money.
• In the event of cancellation of an order by you in compliance with these terms, we will refund any money due to you within 30 days.
• To assist us in identifying your Goods on receipt by us, we ask you to provide telephone number for a return reference to be placed below our address / returns label.
• This paragraph does not affect your rights in the event that the Goods are faulty.

8. Delivery and pick up
   • Goods are delivered within 30days from the day you place an order to purchase the Goods.
   • Deliveries will be made by the Carrier to the address / Pudo locker stipulated in your order. You must ensure that someone is present to accept the delivery.
   • If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
   • We may deliver the Goods in instalments if they are not all available at the same time for delivery.
   • Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
   • All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
   • Signing “Unchecked”, “Not Checked” or similar is not acceptable.
   • Goods are sent by Pudo. We will send you a message by email to tell you when we have despatched your order.
   • If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
   • Some Goods will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer’s delivery policy.
   • Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
   • Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
   • We are happy for you to pick up Goods from our shop/ warehouse provided you make an appointment in advance and payment has been received into our bank. A cheque on arrival is not acceptable.
   • If you pick up Goods from our premises then:
     • we will not be able to assist you in loading heavy items;
     • Goods are at your risk from the moment they are picked up by you or your Carrier from our shop / warehouse;
     • you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.

9. Foreign taxes and duties
   • If you are not in South Africa, we have no knowledge of, and no responsibility for, the laws in your country.
   • You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
10. Liability for subsequent defects
    • We will repair or replace Goods which fail to comply with the provisions of the the Consumer Protection Act 2008 or which show a defect. If you claim that the item is defective, the following conditions apply:
      • the defect must be reported to us within four weeks of becoming apparent;
      • the defect results only from faulty design or manufacture;
      • you have returned the defective Goods or parts to us if we have so requested.
    • If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge.
    • If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
11. Goods returned

These provisions apply if you return any Goods to us for any reason :

• We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
• Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.
• The Goods must be returned to us as soon as any defect is discovered but not later than 6 months.
• So far as possible, Goods should be returned:
  • with both Goods and all packaging as far as possible in their original condition;
  • securely wrapped;
  • including our delivery slip;
  • or manufacturer’s delivery slip
  • at your risk and cost.
• You must tell us by email message to info@midnightsbookclub.co.za that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
• In returning faulty Goods please enclose with it a note clearly stating the fault and when it arises or arose.
• Most of the Goods are covered by the manufacturer’s guarantee for a minimum of 12 Please first check the plug, fuse, batteries and the manufacturer’s operating instructions.
• If we agree that the Goods are faulty, we will:
  • refund the cost of return carriage;
  • repair or replace the Goods as we choose.

12. Disclaimers
    • The law differs from one country to another. This paragraph applies so far as the applicable law allows.
    • All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
    • We make no representation or warranty for:
      • the quality of the Goods;
      • any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
      • the correspondence of the Goods with any description;
      • the adequacy or appropriateness of the Goods for your purpose.
    • We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
    • We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
    • We make no representation or warranty and accept no responsibility in law for:
      • accuracy of any Content or the impression or effect it gives;
      • delivery of Content, material or any message;
      • privacy of any transmission;
      • any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
      • any aspect or characteristic of any goods or services advertised on Our Website;
    • Our Website includes Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact us” page on Our Website.
    • We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
    • You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.
    • This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us.
    • If you become aware of any breach of any term of this agreement by any person, please tell us by email. We welcome your input but do not guarantee to agree with your judgement.
    • Nothing in this agreement excludes liability for a party’s fraud.
13. Your account with us
    • You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
    • If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
    • You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.