RETURNS POLICY

Pomegranate Promise wants you to be satisfied with your purchase. If you are not completely happy then we want to hear from you and understand why; please email us at returns@pomegranatepromise.com. You can return the product(s) you purchased to us and we will either repair/replace or credit your account subjects to our Terms and Conditions. We will only accept returns of products purchased from Pomegranate Promise.

Our Terms and Conditions includes our return policy. Please note that in no way is this Return Policy intended to limit your statutory rights.

If you are returning internationally, you will have to pay return postage. We encourage you to use a carrier that provides a tracking number. Without this, we cannot honour a refund or exchange on a missing package.

We do not refund any postage charges on the original order, but if you want to exchange the item, we will cover the cost of shipping the replacement to you.

If you are returning a product or products which fail(s) to meet the return policy conditions, you will be liable to pay for the full cost of collecting this product from you as well as the cost of having such product(s) returned to you; whether such return is local (that is, within the border of South Africa) or international.

1. Products Eligible for Return

Ordinarily, you can return a product purchased from Pomegranate Promise which you no longer want to us at no cost*, provided that:

1. 1. the product is undamaged and unused
  2. the product is still in the original packaging. The original packaging must be undamaged and still be in the same condition in which it was delivered to you, with all tamper proof seals and other types of seals unbroken
  3. the original labels and stickers are still attached to the product
  4. all garments (clothing items and/or products) returned have not been worn or washed
  5. the product is not missing any complementary accessory(ies) or part(s)
  6. the return is recorded in writing via email to returns@pomegranatepromise.com within 30 (thirty) days of such product being delivered to you or collected by you
  7. the product is found to be defective during the first 6 (six) months of this product being delivered to you or having been collected by you and it is recorded in writing via email to returns@pomegranatepromise.com

Pomegranate Promise will, at no cost* to you, have our courier collect the product from you. If the product is not correctly packaged for return delivery to us, our courier is authorised to refuse to accept collection of such product.

Upon receipt of your returned product, we will confirm such with you. We will inspect the product to ensure that it meets the return policy conditions. If it does, we will refund you with the product purchase price within 10 (ten) working days of receiving the return. This refund will be communicated to you in writing via email from Pomegranate Promise. Please note that it might take up to 10 working days to reflect in your bank account. Pomegranate Promise is entitled to refuse a return if the product does not meet the return policy conditions and non-resaleable.

You want to exchange the product you purchased for a different product or a different size of the same product.

The product you want to exchange must meet the return policy conditions as noted in Section 1 above. The fashion product you purchased can be exchanged for a different size only if that size requested is available and that it is the same price as the original product you purchased.

If the size requested for exchange purposes is available, our courier will collect the return-exchange product from you and deliver the exchanged product to you at no cost*. However, should the return-exchange product does not meet the return policy conditions noted in Section 1, our courier is authorised to not accept such return-exchange product.

If the size requested for exchange purposes is not available, our courier will collect the return-exchange product from you at no cost*. However, should the return-exchange product does not meet the return policy conditions noted in Section 1, our courier is authorised to not accept such return-exchange product.
We reserve the right to inspect the return-exchange product and ensure it meets the return policy requirements of section 1 above. If it does, we will refund you with the purchase price of the product within 10 (ten) working days of receipt of this return-exchange product. We will confirm receipt of such return-exchange product and the refund, if applicable, via email.

2. You want to return product(s) which you did not order; we delivered the wrong product(s)

In the event that we deliver to you or you collect the wrong product(s) or find that the product does not meet the description noted on our website, please send us a written record of this via email to returns@pomegranatepromise.com. We will arrange for our courier to collect the product(s) from you at no cost*.

The product(s) being returned, despite being the wrong product, must still comply with the return policy conditions of Section 1 above.

We reserve the right to inspect the return-exchange product and ensure it meets the return policy requirements of section 1 above. If it does, we will refund you with the purchase price of the product within 10 (ten) working days of receipt of this return-exchange product. We will confirm receipt of such return-exchange product and the refund, if applicable, via email. If you choose to still have the correct product(s) delivered to you, should the product(s) be available, our courier will deliver it to you at no cost*. We will endeavour to correct this mistake within a maximum of 10 (ten) working days.

No cost* If you are returning internationally, that is outside of South Africa, you will have to pay return postage. We encourage you to use a courier company that provides a tracking number. Without this, we will not be able to honour a refund or exchange on a missing package.

Please note that we do not refund any postage charges on the original order, but if you want to exchange the item, we will cover the cost of shipping the replacement to you.

3. Products Not Eligible for Return

Products not eligible, that is disqualified, for refund or exchange are those which Pomegranate Promise has, upon your request, personalised for you or made to your specifications. These products may only be returned if they are defective.

4. The Product(s) ordered was/were Damaged upon Delivery

If a product or products which you ordered be damaged on delivery to you or collection by you, kindly advise us in writing via email at returns@pomegranatepromise.com upon such delivery or collection.

Our courier will collect the product(s) from you at no cost*. Upon receipt of your returned product, we will confirm such with you. We reserve the right inspect the product to ensure that it meets the return policy conditions and validate the delivery damage. Upon such inspection, should the damaged product(s) return be validated, we will, based upon your decision either repair (if this possible) or replace the product(s), if such is still available, or refund you the value of the purchase price into your bank account. This will be confirmed to you in writing via email from Pomegranate Promise. Please note, in event of a refund, it might take up to 10 (ten) working days to reflect in your bank account. If your decision is to repair or replace, it may take longer than 10 (ten) working days depending upon the repair requirements and availability of repair parts, or the availability of the replacement product(s).

Please note that we do not refund any postage charges on the original order, but if you want to exchange the item, we will cover the cost of shipping the replacement to you.

5. The Product You Purchased is Defective

Pomegranate Promise strives to ensure that at all time the product(s) we offer and deliver to you are of high quality and without defects.

We define a defect as a material imperfection in the manufacture of the product or any feature of the product which makes it less than acceptable than would be reasonably expected.

The following do not constitute a defect and as such will not be accepted as a return:

1. 1. any damage due to negligence, wearer or user abuse or incorrect usage of the product(s)
  2. any damage due to failure to care for the product(s) in an appropriate or adequate manner
  3. any flaws or faults which arise from normal wear and tear
  4. any damage due to alterations made to the product by the user without authorisation from Pomegranate Promise
  5. any product specification, which despite correctly described on the website, which is fit for its intended purpose does not suit the user or customer

6. Standard Warranty

If the product(s) you ordered turns out to be defective, please advise us upon becoming aware of this in writing via email to returns@pomegranatepromise.com or within 6 (six) months after having taken delivery of the product(s) or of having collect the product(s).

Upon receipt of your email, we will arrange for collection of the product(s) from you at no cost*. We will confirm receipt of your product(s) with you. We reserve the right inspect the product to ensure that it meets the return policy conditions and validate the delivery damage. Upon such inspection, should the damaged product(s) return be validated, we will, based upon your decision either repair (if this possible) or replace the product(s), if such is still available, or refund you the value of the purchase price into your bank account. This will be confirmed to you in writing via email from Pomegranate Promise. Please note, in event of a refund, it might take up to 10 (ten) working days to reflect in your bank account. If your decision is to repair or replace, it may take longer than 10 (ten) working days depending upon the repair requirements and availability of repair parts, or the availability of the replacement product(s).

The defective product(s) being returned must be suitably packaged for courier collection. If the product came with complementary accessories or parts, these must be packaged together with the said product being returned. Irrespective of your choice to have the defective product(s) repaired or replaced, or for a refund, the full product must be returned. Our courier is authorised to refuse to collect a product which is not correctly packaged for transit.

It is with regret that we cannot accept nor facilitate any return which falls outside of the six (6) month period from date of delivery.

Please note that we do not refund any postage charges on the original order, but if you want to exchange the item, we will cover the cost of shipping the replacement to you.

7. Returning Product(s) Costs

We are entitled, under the applicable law, to refuse to accept any return where:
i. the defective product is returned to us without all the complementary accessories and/or parts sold with the said product.

We are entitled, under the applicable law, to replace only the product or product item which you did return; and we are entitled to based upon our estimation of the value of the missing complementary accessories and/or parts, only refund you the amount in respect of the product or product item returned.

Should you return any product(s) to us in error, and request these to be returned to yourself, then you will be liable to pay Pomegranate Promise the full cost of returning this product to you before it will be dispatched for such return.

Should you return any product(s) that fails to meet the return policy conditions, you will be liable to pay Pomegranate Promise the full cost of collecting this product from you as well as the cost of having such product(s) returned to you.

TERMS AND CONDITIONS

1. Introduction

www.pomegranatepromise.com (hereinafter ‘the Website’) is owned and operated by Pomegranate Promise (Pty) Ltd.

The Terms and Conditions will govern all ordering, sales and delivery of goods, as well as the use of the Website.

These Terms and Conditions are binding and enforceable against each person who accesses or users who purchase(‘Purchasers’) any products on the Website. If you do not agree to these Terms and Conditions, please do not continue to access or use the Website. Your use and continued use of the Website will constitute acceptance by you of the Terms and Conditions.

These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content on the Website.

The Website allows all users and Purchasers to shop online from the various product ranges, for example the clothing, art and other made available for purchase by Pomegranate Promise from time to time.

We reserve the right to amend these Terms and Conditions from time to time. The latest version of these Terms and Conditions apply whenever you use the Website. You agree to read the latest version each time you visit the Website.
By using our Website or by exchanging emails with us, you communicate with us by electronic means. You therefore agree that any and all agreements, notices, disclosures, or any other communications sent or received electronically satisfy any and all legal requirements, including but not limited to, the requirement that such communications should be “in writing”.

Your accessing and using of our Website, means that you represent that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.

You may not use any of our products for any illegal or unauthorised purpose, nor may you, in the use of this Website’s products and services, violate any laws in your jurisdiction (including but not limited to copyright laws)
You must not transmit any worms or viruses or any code of a destructive nature.
If there is any provision or clause in these Terms and Conditions that you do not understand, it is your responsibility to ask Pomegranate Promise to explain such to you before you accept the Terms and Conditions or continue to use the Website.

2. Products and their Availability

The Website will reflect the availability of the product ranges and their stock. The stock of all goods on offer is limited. Pomegranate Promise will endeavour to make all reasonable efforts to advise all users and Purchasers when offers are discontinued. Further, should an order placed by you not be able to be fulfilled due to the product range stock having sold out or the advertised price having changed, Pomegranate Promise will notify you. You will be refunded the purchase price of the product(s) paid by you should your order not be fulfilled.

3. Conclusion of Sales, the Purchasing Cycle and Availability of Stock

The placement of an order for any product may be accepted or rejected by Pomegranate Promise based upon the availability of the product(s) requested, the accuracy of the information relating to the product(s) and subject to payment clearance of the said order.

Pomegranate Promise will exhibit acceptance of your order upon delivery of the product(s) to you; it is at this point that an agreement sale between you and Pomegranate Promise will come into effect. This is regardless of Pomegranate Promise having confirmed your order or that your payment has been received. This is in event of an unexpected lack of availability of the product(s) order or of unexpected damage to the product(s) preventing us from delivering your order and resulting in our having to cancel it. Upon such an unexpected event, we will contact you as soon as possible and refund you the purchase price of the product(s) which you have already paid.

By selecting a product or many products and placing them in a shopping basket without completing the purchase cycle does not constitute an order this product or these products. The product(s) will be removed from the shopping basket if they are no longer available. You cannot hold Pomegranate Promise liable if such product(s) are not available when you return to your shopping basket to complete or attempt to complete the purchase cycle at a later time.

By using and purchasing from this Website, you acknowledge that the product(s) offered by Pomegranate Promise is limited. When stock is no longer available of a product, Pomegranate Promise will discontinue to offer this product on the website for purchase. Should you place an order for a product or products and effect payment for these, and the product(s) ordered are no longer available, Pomegranate Promise will notify you and refund you the purchase price you paid for the product(s).

4. Payment Methods

For South Africans, there are two payment method options available PayFast or Electronic Transfer Funds. For all users and Purchasers outside the borders of South Africa only PayFast payments using Credit Cards will be accepted.

4.1 Payfast

Payfast processes credit card and debit card payments, Mobicred or instant Electronic Funds Transfer (“EFT”) payments in a secure SSL environment. This ensures the security of your personal and banking details.

At the time of placing the order, the transaction details are presented to the bank and payment is collected immediately. If the bank’s authorisation is not obtained, the order will be cancelled.

4.2 Electronic Funds Transfer (‘EFT’)

Users and/or Purchasers, in South Africa, may also choose to pay by EFT, and we will email you our bank account details. Once payment has been made a payment confirmation must be emailed to us at orders@pomegranatepromise.com. If you have selected to pay via this method, the following applies:

1. 1. the exact amount that the order comes to must be paid in full;
  2. the payment reference must be the order number supplied on the invoice issued;
  3. only electronic, or internet banking, payments will be accepted
  4. a proof of payment must be emailed to orders@pomegranatepromise.com with your order number and the words ‘PROOF OF PAYMENT’ must be typed in the subject line of the email.
  5. your order will be cancelled if the amount due is not paid within 5 (five) working days.

4.3 Payment General

You may contact us via email at info@pomegranatepromise.com to obtain a record of your payment. We will also send you email and SMS communications regarding your order and payment.

Upon selecting your preferred payment method and you accept these Terms and Conditions, you will be directed via a link to a secure site for payment of your order at the applicable purchase price for such order.

5. Return Policy

Please refer to our Returns Policy for more information about cancelling orders after delivery, and about returns (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

6. Deliveries

Currently all deliveries from Pomegranate Promise are done through a reputable courier company of our choice.

We will endeavour to do our best to acknowledge your order, process it and it ready for collection and/or delivery within a period of 10 (ten) working days subject to payment having been cleared.

All orders placed during a weekend or public holiday will not be actioned until the payment has been cleared and will only be processed on the first working day after the weekend or public holiday.

We or the courier company will confirm with you the tracking number and the courier company information when your order is packaged for delivery, using the email address information provided by yourself.

7. International Deliveries

We will arrange for your order to be delivered through a reputable courier company of our choice to the shipment address provided.

We will endeavour to acknowledge your order and process it for delivery within a period of 10 (ten) working days to ensure that you receive it within at least 15 (fifteen) working days subject to cleared payment and availability of the product(s) ordered.

Once your order has been packaged and dispatched for delivery to the courier company, we regret we are not able to redirect it to a different shipment address from the one originally provided by you.

All orders placed during a weekend or public holiday will not be actioned until the payment has been cleared and will only be processed on the first working day after the weekend or public holiday.

8. Website Errors

Pomegranate Promise will endeavour to take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of all products on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

9. General Website Rules and Terms

To make any purchase on this Website you:

1. 1. must be a valid account holder;
  2. may only sign up one email address belonging to yourself. You may not create fictional profiles, email addresses or accounts.
  3. may not sign for a Pomegranate Promise account on behalf of anyone else, nor may you sign up using an email address that does not belong to you. Each user and/or Purchaser who signs up for an account with Pomegranate Promise must sign up as him- or herself with full knowledge that he/she is creating an account;
  4. may not use someone else’s account in order to purchase any product(s) for yourself from the Website.

10. Term and Conditions Amendments

Pomegranate Promise may, in its sole discretion, amend any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you understand the amendments made and still agree to them. Should you not agree with the amendments made then the onus rest upon you to not place any further orders on, or in any other way use, the Website; if you do then by doing so you agree to the amended Terms and Conditions.

All amendments made to this Website will be applicable after they have been updated to this webpage. Should you use the Website after such amended Terms and Conditions have been updated and displayed on the Website, it will be deemed that you have accepted all such changes.

11. Electronic Communications

When you use or visit the Website or send emails to us, you consent to receiving communications from us or any of affiliates or partners electronically in accordance with our privacy policy.

12. Copyright and Ownership

The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, photographs, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (hereinafter referred to as “Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Pomegranate Promise, its advertisers and/or sponsors and/or is licensed to Pomegranate Promise.

You will not acquire any right, title or interest in or to the Website or the Website Content.

Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. Should you want to make commercial use of any Website Content, to obtain permission, email Pomegranate Promise at info@pomegranatepromise.com using the subject heading ‘Request Permission to use Website Content’.

Where any of the Website Content has been licensed to Pomegranate Promise or belongs to any third-party, your rights of use will also be subject to any terms and conditions which that licensor or third-party imposes from time to time and you agree to comply with such third-party terms and conditions.

13. Disclaimer

The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

Whilst Pomegranate Promise does take reasonable measures to ensure that the content of the Website is accurate and complete, Pomegranate Promise makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. It is noted that computer monitors vary and your computer monitor may display the colours of items differently from how they actually appear on an item.

Photographs of products may not exactly match the product, as some items have unique colouring and also vary from item to item.

Please also note that sizes and measurements are approximate, as there are variations in the sizing standards of various manufacturers. Unless otherwise stated, sizes indicated are South African sizes.

Pomegranate Promise disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of or any purchase from the Website and/or any content therein unless otherwise provided by law.

There may product(s) sold from the Website which under certain specifically defined circumstances will be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

Any views or statements made or expressed on the Website are not necessarily the views of Pomegranate Promise, its directors, employees and/or agents.
In addition to the disclaimers contained within in these Terms and Conditions, Pomegranate Promise further makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. By using the Website, you accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Pomegranate Promise, its employees, agents or authorised representatives. Pomegranate Promise therefore disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

14. Third-Party Website Links

This Website may contain links or references to other websites (“Third-Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites and Pomegranate Promise is not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” that those sites may use.

Notwithstanding the fact that the Website may refer to or provide links to Third-Party Websites, your use of such Third-Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third-Party Websites or your reliance on any information contained thereon.

15. Liability Limitation

Pomegranate Promise cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Pomegranate Promise, its employees, agents or authorised representatives. We make no representations or warranties, implied or otherwise that the technology of our Website are fully free from errors or omissions, or that the service will be free of interruption or errors. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@pomegranatepromise.com with the subject heading “Website Error”.

Pomegranate Promise shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the Website or the Website Content; or your inability to use the Website, and/or unlawful activity on the Website and/or any linked third-party website. Use of this Website is offered “as is” and “as available”, and its use by you is at your own risk. Neither we, nor our members nor its employees, consultants, advisors, affiliates, agents or suppliers shall be responsible for any damages or loss resulting from or relating to the use of our Website, or any of its content, irrespective of the cause of the damages.

Any material downloaded or otherwise obtained through the use of our Website is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material, including any damages resulting from computer viruses and other similar maladies.

Pomegranate Promise cannot be held responsible for security breaches occurring on your electronic devices (personal computer, mobile phone or other device used to browse our Website), which may result due to the lack of adequate virus protection software / spy-ware on such devices.

It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through this Website will meet your individual requirements and be compatible with your software and/or hardware.
Pomegranate Promise are not responsible for any loss that results from any technical or other problem (including interruption, malfunction, downtime or other failure) that affects our website, system or online service or any database for any reason.

You hereby indemnify Pomegranate Promise against any loss, claim or damage which may be suffered by yourself or any third-party arising in any way from your use of the Website and/or any linked third-party website.

16. Website Availability, Suspension and Termination

Pomegranate Promise will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.

Pomegranate Promise may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree, by using the Website, that Pomegranate Promise will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible.

Should you fail to meet your obligations under these Terms and Conditions, including any incident involving payment of the purchase price and delivery costs of an order for any product(s), and you fail to remedy such failure within 7 (seven) days of notice to you by Pomegranate Promise, then at our sole discretion, this may lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

17. Governing Law and Jurisdiction

These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

In the event of any dispute arising between you and Pomegranate Promise, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

This clause nor the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the Consumer Protection Act.

18. Notices

Pomegranate Promise hereby selects 726 Vaaljakkals Street, Weltevreden Park, Roodepoort, 1709 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“nominated address”). Pomegranate Promise may change this address from time to time by updating these Terms and Conditions.

You hereby select the address specified on the order form, for your product(s) purchase, as your nominated address, but you may change it to any other physical address by giving Pomegranate Promise not less than 7 (seven) working days’ notice in writing.

Notices must be sent either by hand, prepaid registered post, or email and must be in English. All notices sent by:

1. 1. hand will be deemed to have been received on the date of delivery;
  2. prepaid registered post, will be deemed to have been received 10 (ten) working days after the date of posting;
  3. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All email communications between you and Pomegranate Promise function to serve as proof that an email has been received.

19. Pomegranate Promise Company Information

For the purposes of the ECT Act, Pomegranate Promise’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

19.1 Full name

Pomegranate Promise (Pty) Ltd, a private company registered in South Africa with registration number 2019/205081/07

19.2 Main Business:

Online Retailer

19.3 Physical Address & Legal Service Receipt Address

726 Vaaljakkals Street, Weltevreden Park, Roodepoort, 1709, Gauteng, South Africa

19.4 Postal Address

Postsuite 46, Private Bag X1, Northcliff, 2115, Gauteng, South Africa

19.5 Office Bearers:

Charlene van Onselen

19.6 Contact Details

Phone Number: 071 972 7738
Email Address: charlenevo@pomegranatepromise.com

20. General

Pomegranate Promise may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third-party
Any failure on the part of you or Pomegranate Promise to enforce any right in terms hereof shall not constitute a waiver of that right
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect
No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
These Terms and Conditions contain the whole agreement between you and Pomegranate Promise and no other warranty or undertaking is valid, unless contained in this document between the parties.

PRIVACY POLICY

We respect your privacy and will take all reasonable measures to protect it, as more fully detailed below.

Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –

1. 1. your name and surname;
  2. your email address;
  3. your physical address;
  4. your mobile/cellphone number;
  5. your gender; and
  6. your date of birth.

Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.

You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, order of court or legal process served on us, or to protect and defend our rights or property. Subject to this, we will not without your express consent:

1) use your personal information for any purpose other than as set out below:

a) in relation to the ordering, sale and delivery of any product(s);
b) to contact you regarding current or new product(s) or any service(s) by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
c) to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
d) to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us; or

2) disclose your personal information to any third-party other than as set out below:

a) to our employees and/or third-party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
b) to our divisions, affiliates and/or partners (including their employees and/or third-party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
c) to our suppliers in order for them to liaise directly with you in the event of you submitting a warranty claim regarding any product(s) you have purchased which requires their involvement; and
d) pursuant to a corporate transaction in terms of which we sell any of our businesses or assets to a buyer of such businesses or assets.
We will ensure that all of our employees, third-party service providers, divisions, affiliates and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations (save as permitted herein) in relation to your personal information.

We will –

1. 1. treat your personal information as strictly confidential;
  2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
  3. provide you with access to your personal information to view and/or update personal details;
  4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
  5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request;
  6. upon your request, promptly return or destroy any and all of your personal information in our possession or control; and
  7. not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

We undertake that the private information required for executing the orders placed our Website will be kept in the strictest confidence by us and not sold or made known to third parties, unless we are legally bound to do so, in the case of fraud investigations etc.

We may collect and store the following information provided by you: Your name and surname, e-mail address, birth date, gender, address, electronic browsing and click patterns, IP address; and use this information as follows:

1. 1. To inform you of facts relating to your access and use of our Website (subject to your consent).
  2. To inform you about our products, services and events (again subject to your consent).
  3. To verify your identity when you buy from us.
  4. To verify that goods are received by you and that you are the owner of the credit card used for payment.
  5. To compile non- personal statistical information about the browsing habits, click-patterns and access to our Website of our site users in general (and not related to any specific person).

The information described above is collected either electronically by using cookies (which you can control through your browser settings), or is provided voluntarily by you.

You may elect not to receive marketing communications from us by advising us by email to that effect or by clicking “unsubscribe”.

We own and retain all rights to non-personal general statistical information collected and compiled by us.

You agree that certain personal information of yours such as full names, delivery address, email address, contact numbers etc will be disclosed to the courier companies used by us to deliver goods to you and also to PayFast and the bankers and credit card companies handling payments being made by you.
Pomegranate Promise undertakes never to sell or make your personal information available to any third-party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Pomegranate Promise reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third-parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

If you disclose your personal information to a third-party, such as an entity which operates a website linked to this Website or anyone other than Pomegranate Promise, Pomegranate Promise shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the third-party. This is because we do not regulate or control how that third-party uses your personal information.

This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do accept a “cookie”, you thereby consent to our use of any personal information collected by us using that cookie subject to the provisions the Terms and Conditions, and the Privacy Policy of Pomegranate Promise.

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Terms and conditions

RETURNS POLICY

1. Products Eligible for Return

2. You want to return product(s) which you did not order; we delivered the wrong product(s)

3. Products Not Eligible for Return

4. The Product(s) ordered was/were Damaged upon Delivery

5. The Product You Purchased is Defective

6. Standard Warranty

7. Returning Product(s) Costs

TERMS AND CONDITIONS

1. Introduction

2. Products and their Availability

3. Conclusion of Sales, the Purchasing Cycle and Availability of Stock

4. Payment Methods

4.1 Payfast

4.2 Electronic Funds Transfer (‘EFT’)

4.3 Payment General

5. Return Policy

6. Deliveries

7. International Deliveries

8. Website Errors

9. General Website Rules and Terms

10. Term and Conditions Amendments

11. Electronic Communications

12. Copyright and Ownership

13. Disclaimer

14. Third-Party Website Links

15. Liability Limitation

16. Website Availability, Suspension and Termination

17. Governing Law and Jurisdiction

18. Notices

19. Pomegranate Promise Company Information

19.1 Full name

19.2 Main Business:

19.3 Physical Address & Legal Service Receipt Address

19.4 Postal Address

19.5 Office Bearers:

19.6 Contact Details

20. General

PRIVACY POLICY