Liability
Whilst we make every effort to safeguard our clients, we cannot be held responsible for personal injury or loss due to events which are beyond our control.
I am participating in the Locally Yours tour voluntarily and at my own risk. I am aware that risks exist and may arise during the tour (including, but not limited to, the hazards of traveling by bus, coach, vehicle, transport, or other means and subject to the forces of nature) by which death, injury or illness to me or damage or loss to my property may occur. I accept and assume all the risks for myself and those travelling with me of participating in the Tour.
I accept that Locally Yours Tours and partners is not responsible for, nor will I attempt to hold either of them liable for any injury, damage, or loss I may suffer on the account of any conditions, actions or omissions that are beyond reasonable control.
Whilst we make every effort to safeguard our clients, we cannot be held responsible for personal injury or loss due to events which are beyond our control. Passengers should note that travel involves a higher-than-normal risk, and a signed release will be required from all participants before tour departure.
Children
Children under 16 years will not be allowed to travel alone and must be accompanied by a parent or guardian older than 18 years.
All children are to remain with parents and within the tour group from time of departure and time of return. Children may not roam or wander any destination without guardian supervision.
General Behaviour
Locally Yours Tours does not condone any behaviour that involves illicit drugs, or the abuse of legal drugs. We do not serve alcohol.
If a situation arises and it is apparent that a client’s behaviour is in some way or another adversely affects any other person, client, or non-client, Locally Yours Tour staff reserve the right to exclude the client from the tour, and Locally Yours Tours is therefore exempt of any obligations towards the individual or group.
Tickets, Refunds and Cancellations
A ticket is valid for use only by the passenger to whom it is issued and for the route, date, and time shown thereon.
Refunds will not be given in these circumstances or in the event of any delay, curtailment or alteration of a trip resulting from any cause including severe weather conditions or mechanical failure. A minimum number of passengers is required to operate each tour. It may therefore be necessary to cancel a scheduled departure and to offer an alternative date.
Terms of use: Locally Yours Market
Website Terms of Use for www.locallyyoursmarket.co.za
These are the general terms of the relationship between you (the website visitor) and us (the website owner). They cover any use of www.locallyyoursmarket.co.za (the website). You agree to be legally bound by the terms by visiting and using this website. Please do not use the website if you do not agree to the terms.
You may not access, display, use, download, or otherwise copy or distribute content obtained on this website for marketing and other purposes without our consent.
Capacity
If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the website.
Gift Vouchers
Gift Vouchers are not redeemable for cash and will not be replaced if lost, stolen, destroyed or used without permission. Gift Vouchers cannot be resold to- or exchanged with a third party. You cannot use a Gift Voucher to purchase another Gift Voucher. Gift Vouchers can only be redeemed online through our website.
Returns / Refund Policy
Our Returns and Repairs Policy can be read online on this website.
Responsibility
We take responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer support, dispute resolution and delivery of goods.
Updating of these Terms
We may change the terms at any time by placing a notice on this website or updating this web page. If you do not agree with the change, you must stop using this website or the changed terms will apply to you.
Copyright and Intellectual Property Rights
Except as provided to the contrary in the agreement, all rights, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to, or of this website are our sole property or will vest in us or a third party licensor. All moral rights are reserved.
Our logo and sub-logos, marks, and trade names are our trademarks and no person may use them without our permission. Any other trademark or trade name that may appear on our marketing material is the property of its respective owner.
Except as expressly permitted under the agreement, the website may not be:
modified or used to make derivative works;
rented, leased, loaned, sold or assigned;
reverse engineered or copied; or
reproduced or distributed.
Limited License to General Users
We grant you, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future content for personal, non-commercial and information purposes only. We may cancel your licence at any time for any reason. Your licence is automatically cancelled if you do not get our written permission before using this website in a way these terms do not allow.
We, our affiliates or subsidiary’s reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. Any unauthorized use of this website terminates this license.
Limitation of liability
We provide the website “as is”. We do not give any express or implied warranty or make any other promise about this website. For example, we do not warrant that it is good quality, fit for any particular purpose, accurate, complete, up-to-date, legally effective or secure. We also do not warrant that it is free of latent defects, errors, malicious software or infringing content, or that you will have quiet or uninterrupted use of it.
You indemnify (or promise to protect) us against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) related to your use of this website.
We will do our best to fix any fault in this website as soon as reasonably practical after we find out about it. This is the limit of our responsibility and liability for any fault in the website.
We are not responsible for anyone else’s website
Liability
Whilst we make every effort to safeguard our clients, we cannot be held responsible for personal injury or loss due to events which are beyond our control.
I am participating in the Locally Yours tour voluntarily and at my own risk. I am aware that risks exist and may arise during the tour (including, but not limited to, the hazards of traveling by bus, coach, vehicle, transport, or other means and subject to the forces of nature) by which death, injury or illness to me or damage or loss to my property may occur. I accept and assume all the risks for myself and those travelling with me of participating in the Tour.
I accept that Locally Yours Tours and partners is not responsible for, nor will I attempt to hold either of them liable for any injury, damage, or loss I may suffer on the account of any conditions, actions or omissions that are beyond reasonable control.
Children
Children under 16 years will not be allowed to travel alone and must be accompanied by a parent or guardian older than 18 years.
All children are to remain with parents and within the tour group from time of departure and time of return. Children may not roam or wander any destination without guardian supervision.
General Behavior
Locally Yours Tours does not condone any behaviour that involves illicit drugs, or the abuse of legal drugs. We do not serve alcohol.
If a situation arises and it is apparent that a client’s behaviour is in some way or another adversely affects any other person, client, or non-client, Locally Yours Tour staff reserve the right to exclude the client from the tour, and Locally Yours Tours is therefore exempt of any obligations towards the individual or group.
Tickets, Refunds and Cancellations
A ticket is valid for use only by the passenger to whom it is issued and for the route, date, and time shown thereon.
Refunds will not be given in these circumstances or in the event of any delay, curtailment or alteration of a trip resulting from any cause including severe weather conditions or mechanical failure. A minimum number of passengers is required to operate each tour. It may therefore be necessary to cancel a scheduled departure and to offer an alternative date.
Liability
Whilst we make every effort to safeguard our clients, we cannot be held responsible for personal injury or loss due to events which are beyond our control. Passengers should note that travel involves a higher-than-normal risk, and a signed release will be required from all participants before tour departure.
Return and Refund Policy
You may exchange most of our products in their new, unopened condition within 7 days of delivery for a different item, voucher or full refund. Please see below for further information on how to return an item.
1. Our goods
We supply physical and digital goods.
2. Read instructions
Please carefully read and follow all instructions that come with our goods. For example, any documents that help you use our goods.
3. Un-returnable goods
We supply certain goods that you cannot return to us as they are:
perishable;
books;
products removed from their original packaging;
of a nature that prevents them from being returned
Perishable goods includes everything under our food category, and we are unable to refund or exchange items due to public and food safety regulations. If, however, your perishables have arrived damaged or expired we will replace or refund them when we are at fault.
4. Advance orders
If you order the goods in advance, we may charge you a reasonable deposit. You will forfeit this deposit if you cancel the order within 10 days before the agreed upon delivery date.
5. Custom goods
If you ask us to provide you with custom goods, we may charge you any deposit or the full amount for the goods. You may not cancel an order for custom goods prior to delivery, unless we allow this in our discretion. In this case, you will forfeit any deposit or amount already paid for the goods, and we may charge you an additional cancellation fee. The cancellation fee plus the amount forfeited will not be more than the full amount for the goods.
6. Cooling-off period for electronic transactions
Section 44 of the Electronic Communications and Transactions Act may apply to your electronic transactions. If you qualify as a consumer under the ECT Act, you may be entitled to cancel some electronic transactions within seven days, without reason or penalty. 'Cancel' means each party will be placed in the same position that they were in before the transaction took place. This means that you have to return a new, unused good, and we will refund the purchase price. Section 44 is only applicable if you are a natural person – in other words, a human being. You must also be the end user of the goods or service. The transaction must be an electronic transaction — a transaction concluded via (in whole or in part) the website, email, or SMS.
Certain goods by reason of their nature cannot be returned during the cooling-off period, such as eBooks, eMagazines, or electronic vouchers. If you have any problems with these types of digital goods, please contact us within seven days of the date on which you purchased the goods. We will do our best to resolve the problem. We will revoke access to our online cooking course if you cancel an electronic transaction in terms of section 44 of the ECT Act.
This cooling off period does not apply to goods made or altered to your specifications, or goods specially ordered from a foreign country.
6.1. Return of goods in terms of cooling-off period
You must return any goods in new condition with all original packaging and materials (including any accessories or parts). We will refund the purchase price of the goods within 30 days of the date of cancellation.
7. Returns within 30 days
We want you to be happy with your purchase, and we understand if you suddenly have a change of heart. You may return most of our products in their new, unopened condition within 30 days of delivery for a full refund. Please see below for information in how to return an item, how to package the return and how we process your refund. Please send us an email on info@locallyyoursmarket.co.za
8. Incorrect item delivered
We do our best to ensure the product information, availability, purchase price and associated delivery times and fees are accurately reflected on our site. Please notify us within 7 days (the sooner the better) by sending us an email on info@locallyyoursmarket.co.za.
However, should we accidentally deliver the wrong product to you or if the product is not as described on the website, or is missing any parts:
Please do not remove the product from its original packaging or any of the stickers or labels.
Notify us as immediately and we will collect the product from you at no charge.
We will at your choosing:
deliver the correct item to you as soon as possible (if available); or
send you a voucher for the purchase price of the product; or
issue a refund (using the same method of payment you originally used for the purchase).
Please note that a refund is not available if the item was received as a gift.
9. Goods arrived damaged
If your goods arrive damaged, missing any parts or accessories, or inoperable, then we will do our best to resolve the issue. Please notify us within 7 days (the sooner the better) by sending us an email on info@locallyyoursmarket.co.za
We will require the following information to assess where in the delivery process the damage may have occurred:
photograph of the outer box (including whether it has a Fragile sticker or not);
photograph of the inside of the box, including the inner packaging; and
photograph of the damaged item.
If necessary we will arrange collection of the product from you at no charge. Once we have inspected the product or photographs and validated your return (if needed), we will, according to your preference:
replace the product (if available); or
issue a refund voucher for the purchase price of the product or
issue a refund (using the same method of payment you originally used for the purchase).
Please note that a refund is not available if the item was received as a gift.
10. How to return an item
There are different methods of returning an item. These methods are further explained in the return’s portal:
You may select a pick-up date and the item will be collected from you. We may charge a fee for this service.
11. How to package an item you want to return
The returning product must be packed, in its original packaging, in another box with as much padding and protective packaging as possible so that it can travel safely back to us. Returns that are sent back otherwise will have a 10% repackaging fee levied against them. If the returning product has not been packaged properly and is damaged, then we simply cannot give you a refund. It is your responsibility to package the item correctly.
12. How we process your refund
12.1. Returns within 7 days
You will be offered a voucher or a product exchange. If you specifically require another form of refund (i.e. credit card or EFT), a 10% fee of the refund amount may be charged. Refunds are handled within 8 to 10 working days of logging the return (refunds can take up to 3 working days to reflect in your account once processed due to banking timelines).
12.2. Damaged goods
Refunds are handled within 8 to 10 working days of logging the return (refunds can take up to 3 working days to reflect in your account once processed due to banking timelines). Replacements may take longer as these are dependent on availability.
12.3. Goods purchased with vouchers or gift cards
We have three types of vouchers:
a purchased fixed amount gift, e.g.: R200 paid by gift giver (gift voucher or gift card)
a promotional fixed amount discount, e.g. R100 off (fixed voucher), and
a promotional percentage discount, e.g. 10% off (percentage voucher)
We cannot refund in cash, purchases made with a gift voucher. We will either reinstate the used gift voucher or issue you with a new one.
If you use a fixed voucher to pay for an order, and you later cancel the order (or part thereof) prior to delivery of the goods, or you return one or more goods in accordance with this policy, the value of the fixed voucher will be deducted off the purchase price of the cancelled or returned goods. We will credit you for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement fixed voucher of the same value as the original fixed voucher used. We may in our sole discretion impose restrictions on the use of the replacement fixed voucher. For further information on restrictions on promotional vouchers, please see our voucher terms.
If you use a percentage voucher to pay for an order, and you later cancel your order (or part thereof) prior to delivery of the goods, or you return one or more goods in accordance with this policy, the value of the discount received using the percentage voucher will be deducted off the purchase price of the cancelled or returned goods (as applicable), and we will refund you for the balance, if any. We will also provide you with a replacement percentage voucher of the same discount as the original percentage voucher. We may in our sole discretion impose restrictions on the use of the replacement percentage voucher, including a limited validation period. For further information on restrictions on promotional vouchers, please see our voucher terms.
13. International orders and repairs
If your goods arrive damaged or not working we will replace it at our cost. Before returning a product, you must first request authorization from our customer support team by emailing us at info@locallyyoursmarket.co.za
If you have changed your mind about a product, we are not able to facilitate a return because of Customs restrictions. We ask that you look carefully at the product before you make the purchase and as always get in touch with our customer support team if you have any questions.
Support for repairs within warranty or general repairs may vary according to the availability of support from local agents. These will be dealt with on a case by case basis.
14. Our goods warranty
We warrant that all our goods are new and of good quality unless we clearly describe them as used or reconditioned or as having specific defects.
15. Statutory warranty against defects
We warrant all our new goods against any defects for six months of normal household or business use, from the time we supplied the goods. This is the statutory warranty in terms of the Consumer Protection Act of 2008 (the CPA).
15.1. Defective goods
Defective goods are those that had a defect or were unsafe when we supplied them. We highly recommend testing out your purchase as soon as you have received it to make sure that everything is in working order. A defect usually means that the goods were manufactured using materials, components or workmanship below an acceptable standard. You must prove that goods are defective.
15.2. Statutory compensation
We will repair, replace, or refund the price of any defective goods that you return to us during the six-month statutory warranty. Returns must follow our returns procedure below. We will do our best to repair the defective good, or replace it within 21 calendar days. However, if it takes longer, we will contact you to let you know what is happening.
15.3. Choice of compensation
Any customer that is also a consumer under the CPA may decide whether we should either repair or replace the defective goods, or make a refund. We will decide how to compensate any of our other customers.
16. Statutory warranty on repairs
We do not personally carry out the repair, but we will send the goods to the supplier to be repaired. We warrant all our repairs and repaired goods against the failure of a repair and any further defect for the remaining portion of the statutory warranty plus a further three months from the time we returned the repaired goods.
16.1. Compensation under repair warranty
If you are also a consumer under the CPA, then we may choose to replace or refund the price of any repaired goods that you return to us during the three-month repair warranty period.
17. Extended supplier warranty
After the six months' statutory warranty has expired, some products have an extended warranty. These warranties are usually stated in the product brochure, and may be subject to the manufacturer's specific terms and conditions.
It is solely up to the supplier or manufacturer as to what remedy it can offer you. We are under no obligation to provide you with a credit, repair or replacement, as your remedy lies with the supplier or manufacturer. However, since we want your experience to be as good as possible, we will facilitate the discussion for replacement or repair between you and the supplier.
18. Inspection of defective goods
18.1. Suitably qualified examiner
A customer that believes goods are defective should contact us and we will use a suitably qualified examiner to examine the goods and produce a report for us to consider. A suitably qualified examiner is a reputable and independent person trained and qualified to repair goods. We will not charge you for this service.
18.2. Our examination duties
Our third-party suppliers are trained to recognize any defects in their goods. They can usually tell if the goods have been misused, for example if they have been neglected, damaged, altered or not used according to instructions. Our third party suppliers will give reasons if they refuse to accept that we supplied defective goods, but will only do this if they honestly believe the goods have been misused.
19. Statutory right to return unsuitable goods
We have extended this right to all our customers, including those who are not consumers under the CPA.
You may return goods within 10 days of delivery if you could not examine them before delivery and then discover that the goods are not what you ordered or expected, or are not suitable for a specific purpose that they communicated to us in writing.
19.1. Returns of unsuitable goods
A consumer must return unsuitable goods within thirty days of delivery according to our returns and refunds procedure below.
19.2. Refund of price of unsuitable goods
We will refund the full price of any unsuitable goods in their original unopened packaging. For opened goods, we may deduct or charge a reasonable amount for any use of the goods plus certain costs necessary for repackaging and restocking, subject to the CPA. These costs are usually up to 25% of the cost of the goods.
20. Invalidation of warranties and right to return unsuitable goods
Warranties on any of our goods will be invalid if any person who is not suitably qualified has opened, tampered with or altered the goods contrary to the instructions or removed the warranty label. This also applies to goods found to be unsuitable. It is considered fraud to damage goods deliberately to claim a refund.
21. Exclusion of industrial use
We only warrant goods for any industrial or unusual commercial use if we clearly state this in writing, for example on the packaging or website.
22. Our customer support department contact details
Telephone number: 0827854118
Email address: info@locallyyoursmarket.co.za
Office hours:
Monday to Thursday 09:00 to 16:00
Not open on Friday's , Weekends and Public holidays
24. Customer queries and complaints
We aim for complete customer satisfaction. We respect our customers' rights and always try to comply with best practice and all relevant laws. If you are not satisfied with any of our goods, or have any questions, please contact our customer support department and have your invoice ready. We will try our best to solve your problem. We are proud of the reputation of our goods.
Any complaints regarding the standard and quality of the product or products bought by consumers through our website should be directed to the Customer Support Manager on info@locallyyoursmarket.co.za
25. Dispute resolution
If we do not accept that we supplied defective or unsuitable goods, and our customer support department has not been able to help, any customer may still take the matter up with a suitable ombud or other dispute resolution body, or take legal action. The dispute resolution procedures under the CPA do not necessarily apply to all transactions with us. This policy does not exclude any other rights customers may have
Locally Yours Shop
Shop 10A, 9th Avenue Shopping Center, Walmer 6001 Port Elizabeth, South Africa