FRANELLA FOOTWEAR

Annette Cloete

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Hi all, hope I am on correct page to complain about Franella Footwear.
22 September 2016 I paid an amount of R800.00 for 5 pairs of sandals together with delivery fee.
To date I have not received anything. I've made some enquiries but is getting nowhere. In fact,
I was not treated very well.
Later on I requested my money back, only reaction is I'll get some back
Please help me to get my sandals or my money back.
Regards
Annette Cloete
 
50% CANCELLATION FEE

• We will gladly refund you 50% of the total price on the invoice in the form of an account credit in the event that you cancel the transaction for whatever reason in writing (via email). The Delivery Fee is non-refundable.

Link

I can't see how that is even legal...

However they also state the following in their terms and conditions:

• Franella Footwear (Pty) Ltd will be liable for reimbursing you the rand value paid in the form of an account credit only if you have already paid for the cancelled order. You have the right to return non-defective products purchased within 30-days of the order being delivered.

Which means they only do store credit... Also not very legal I suspect.

Check with the CPA

This might help:
https://www.michalsons.com/blog/returns-under-the-consumer-protection-act/9191
Wherever the CPA entitles a consumer to a refund, it must be interpreted to mean that the consumer has the election on how to receive the refund. This means that while refunds as in-store vouchers or credits are not illegal per se, if the consumer demands a cash refund the supplier must give it to them. Also in terms of s56, the consumer (not the supplier) can decide whether to chose the refund, replacement or repair.

The ECT Act and returns


The ECT Act has its own consumer protection provisions, some of which will trump the CPA

If you sell or buy goods online, there are some extra things to consider. Most importantly the Electronic Communications and Transactions Act (ECT Act) will apply to the transaction. The ECT Act has its own consumer protection provisions, some of which will trump the CPA. Specifically, the reasons (1)-(3) for returns listed above do not apply if the ECT Act’s provisions apply to the transaction. Instead of these rights of return, consumers have;

•a general right to return (a “cooling off period”);
•for seven days after delivery;
•for any reason;
•without penalty; but
•the consumer must pay the costs to return the goods.
Some other reading in there too you might find helpful.
 
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