Refund policy
Returns & Refunds Policy
At Nest & Nomad, we want you to be completely satisfied with your purchase. This Returns & Refunds Policy explains your rights and the process for returning products and requesting refunds in accordance with applicable South African consumer protection laws, including the Consumer Protection Act 68 of 2008 (CPA) and the Electronic Communications and Transactions Act 25 of 2002 (ECTA).
Nothing in this policy is intended to limit, exclude or waive any rights you have under South African law.
1. Your Consumer Rights
Nest & Nomad respects your rights as a consumer.
Depending on the circumstances of your purchase and the reason for the return, you may have rights to return goods, receive a replacement, have goods repaired, or receive a refund.
These rights may arise under the CPA, ECTA, or other applicable South African law.
2. Returns for Defective, Unsafe or Poor-Quality Products
Under section 56 of the CPA, goods supplied to a consumer carry an implied warranty of quality.
If a product is defective, unsafe, or fails to meet the applicable requirements of section 55 of the CPA, you may return the product within six months of delivery without penalty and at the supplier’s risk and expense.
Where applicable, you may choose a remedy permitted by the CPA, including:
- Repair of the product;
- Replacement of the product; or
- A refund of the purchase price.
Nest & Nomad may inspect the product to establish the nature of the alleged defect.
The six-month implied warranty does not apply where the failure resulted from circumstances such as misuse, abuse, negligence, unauthorised alteration, or use contrary to applicable instructions.
The CPA expressly provides for the return of qualifying defective goods within six months and places the return at the supplier’s risk and expense. (Government of South Africa)
3. Products Damaged During Delivery
If your product arrives damaged, please contact us as soon as reasonably possible after receiving your order.
Please provide:
- Your order number;
- Photographs of the damaged product;
- Photographs of the external packaging; and
- Photographs of the shipping label, where possible.
We will investigate the matter and provide an appropriate remedy in accordance with applicable South African consumer law.
Your statutory consumer rights are not affected by any requirement in this policy to provide photographs or other information.
4. Incorrect Product or Missing Items
If you receive a product that is different from the product you ordered, or an item is missing from your order, please contact us as soon as reasonably possible.
Once we have confirmed the issue, Nest & Nomad will provide an appropriate remedy, which may include:
- Supplying the correct product;
- Supplying the missing item; or
- Providing a refund where appropriate.
Where the incorrect product was supplied by Nest & Nomad, we will arrange the return or collection of the incorrect product at our expense where required by law.
5. Change-of-Mind Returns
A change-of-mind return is different from returning a defective or incorrect product.
If you simply change your mind about a purchase, Nest & Nomad is not required to provide a general change-of-mind refund unless a statutory right applies or Nest & Nomad has expressly offered such a right.
However, qualifying electronic transactions are subject to the cooling-off provisions of ECTA, as described below.
6. ECTA 7-Day Cooling-Off Right
Where a transaction qualifies under section 44 of the Electronic Communications and Transactions Act, you may cancel the transaction within seven days after the date on which the goods were received, without giving a reason and without incurring a penalty.
The seven-day cooling-off right does not apply to every type of transaction. ECTA provides exclusions, including certain goods that:
- Are made to the consumer’s specifications;
- Are clearly personalised;
- Cannot reasonably be returned because of their nature;
- Are likely to deteriorate or expire rapidly;
- Are unsealed audio or video recordings or computer software;
- Are newspapers, periodicals, magazines or books; or
- Fall within other categories specifically excluded by the Act.
ECTA also contains other exclusions from the cooling-off right. (Government of South Africa)
If you exercise a valid ECTA cooling-off right, you must return the goods to Nest & Nomad in accordance with the applicable requirements of the Act.
The direct cost of returning goods under the ECTA cooling-off right may be payable by the consumer where permitted by law.
7. Condition of Products Returned Under a Cooling-Off Right
Where you exercise a statutory cooling-off right, please take reasonable care of the product while it is in your possession.
Where the law permits Nest & Nomad to do so, we may require the product to be returned in a condition that allows us to process the cancellation.
Nothing in this section limits any statutory right you may have under ECTA or the CPA.
8. How to Request a Return
To request a return, please contact Nest & Nomad using the contact details provided on our website.
Please provide:
Order number:
Full name:
Product(s) being returned:
Reason for return:
Photographs, where applicable:
Do not send a product back to us before receiving return instructions from Nest & Nomad.
We will provide you with the appropriate return instructions based on the reason for your return.
9. Return Shipping Costs
The party responsible for return shipping costs depends on the reason for the return and the applicable legal requirements.
Defective or unsafe product
Where the product qualifies for a return under the CPA’s implied warranty of quality, the return is at the supplier’s risk and expense as provided for by section 56 of the CPA.
Incorrect product supplied
Where Nest & Nomad supplied an incorrect product, Nest & Nomad will arrange and/or cover the reasonable return costs where required by law.
Valid ECTA cooling-off cancellation
The direct cost of returning the goods may be payable by the consumer, subject to the provisions of ECTA.
Change of mind outside a statutory right
If Nest & Nomad voluntarily accepts a return that is not required by law, the applicable return shipping costs will be communicated to the customer before the return is processed.
10. Refunds
Where you are legally entitled to a refund, Nest & Nomad will process the refund in accordance with the applicable law and the circumstances of the return.
Refunds will generally be made using the original payment method where reasonably possible.
Depending on the payment provider and banking institution involved, it may take additional time for the refunded amount to appear in your account.
Nest & Nomad will not use this processing period to unlawfully delay a refund that is required by law.
11. Exchanges and Replacements
Where a product qualifies for a replacement under applicable consumer law, Nest & Nomad may provide a replacement product where available.
If the same product is unavailable, you may be entitled to another remedy, including a refund, depending on the circumstances and applicable law.
For defective goods, the remedy will be provided in accordance with the consumer’s rights under the CPA.
12. Products Damaged Through Misuse
A return or refund may not be available where damage or failure was caused by:
- Misuse of the product;
- Abuse or unreasonable use;
- Negligence;
- Accidental damage caused after delivery;
- Failure to follow supplied instructions;
- Unauthorised modifications or alterations; or
- Use of the product for a purpose for which it was not intended.
This does not affect any rights you may have where the product was already defective or otherwise failed to meet the requirements of South African consumer law.
13. Sale and Discounted Products
Products sold at a discounted price remain subject to applicable consumer protection laws.
A sale, promotional or discounted price does not remove your statutory rights in respect of defective, unsafe, incorrectly supplied or otherwise non-compliant goods.
14. Hygiene and Used Products
For products where hygiene or the nature of the product makes resale inappropriate, Nest & Nomad may restrict voluntary change-of-mind returns where permitted by law.
This does not affect statutory rights relating to defective, unsafe or incorrectly supplied goods.
Any restriction on returns will be communicated to the customer where applicable.
15. Return Inspection
Nest & Nomad may inspect returned goods where reasonably necessary to determine the nature of a defect, damage or other issue.
An inspection does not remove or reduce any statutory consumer rights.
If a return is found not to qualify under the applicable return provisions, we will communicate the reason to the customer and, where appropriate, discuss available options for returning the product to the customer.
16. Refunds for Cancelled Orders Before Dispatch
If you cancel an order before it has been dispatched, we will make reasonable efforts to cancel the order and process any applicable refund.
If the order has already been dispatched, the applicable return or cancellation provisions will apply.
17. Orders That Cannot Be Fulfilled
If Nest & Nomad is unable to fulfil an order after payment has been received, we will notify you as soon as reasonably possible.
Where the order cannot be fulfilled and a refund is required, the applicable amount will be refunded in accordance with South African law.
18. No Waiver of Consumer Rights
Nothing in this Returns & Refunds Policy is intended to:
- Exclude or restrict a consumer’s rights under the CPA;
- Exclude or restrict a consumer’s rights under ECTA;
- Exclude liability where such exclusion is prohibited by law; or
- Prevent a consumer from exercising any other legal remedy available to them.
Where any provision of this policy conflicts with a mandatory provision of South African law, the applicable law will prevail.
19. Contact Us
If you would like to request a return, replacement or refund, please contact Nest & Nomad through the contact details provided on our website.
Please include your order number so that we can locate your purchase and assist you as quickly as possible.
Nest & Nomad
South Africa
Email: [support@nestandnomad.co.za]
Important: This policy is intended to reflect applicable South African consumer-protection requirements, but it is not a substitute for advice from a South African attorney or qualified legal professional.