1.1 Planet54.com is a company duly registered within the Republic of South Africa in accordance with the Companies Act 71 of 2008 and adheres to the Consumer Protection Act 68 of 2008 (CPA), the Protection of Personal Information Act 4 of 2013 (POPI) and the Electronic Communications and Transactions Act 25 of 2002 (ECTA) including all amendments and regulations thereto. Planet54.com provides an online web platform for the sale and supply of goods to retail and wholesale customers.
2. USE OF THE WEBSITE AND ONLINE PLATFORM
2.1 Your use, access and interaction with this website or online platform is subject to and governed by the terms and conditions set out below. Should you not agree to any of the terms contained below, you are to immediately cease using the website or online platform. Your continued usage constitutes acceptance of all the terms and conditions set out below.
3. DEFINITIONS AND INTERPRETATION
In this Agreement, unless the context otherwise requires, the following definitions shall apply:
"Agreement" means this agreement between Planet 54 and the Consumer or Retailer subject to the terms and conditions set out below
"Business Day" means any day (other than Saturday or Sunday) on which clearing banks are open for business in South Africa.
"Consumer" means a Consumer in terms of the Consumer Protection Act 68 of 2008.
"The Consumer Protection Act" means the Consumer Protection Act 68 of 2008 (the “CPA”)
"The Protection of Personal Information Act of 2013" means the Protection of Personal Information Act of 2013 (the “POPI”)
“Shopping Cart” means any and all goods selected by the Consumer or Retailer or User which once selected form part of the User’s order. The shopping cart serves merely as an online item placeholder for goods prior to the transaction being finalized. Planet 54 reserves the right to remove, modify or otherwise change the items available in the shopping cart at any time. Items in the shopping cart may be available for a limited period of 60mins only taking into consideration demand and availability of stock. Items are sold on a “first come first serve” basis and Planet 54 cannot guarantee the availability of items in the user’s shopping cart.
“Checking Out/Check Out” means any and all goods selected by the Consumer or Retailer which are then confirmed and accepted by User in completion of the transaction.
“Contract” means the completion of an order and commencement of a legally binding agreement between Planet 54 and the Consumer or Retailer.
"Order" means a purchase completed or submitted by means of Planet 54’s Website or Online Platform.
“You/Your” means the Consumer, Retailer or User of the Planet 54 Website or Online Platform including both Consumers and Retailers.
“User” means any natural person who makes use of, transacts on, contracts with, or makes use of the Planet 54 Website or Online Platform including both Consumers and Retailers.
"Website or Online Platform" meansthe Planet 54 Website and Online Platform, including its Official Social Media Accounts, Mobile Websites and Mobile Applications.
Where the context permits, words denoting:
(a) persons shall include bodies corporate and unincorporated associations of persons;
(b) the singular include the plural and vice versa; and
(c) one gender shall include any gender.
All headings are for ease of use and reference only and shall not affect the interpretation or construction of these terms and conditions in any way.
4. FORMATION OF A LEGALLY BINDING CONTRACT
4.1 Planet 54 offers goods or services by means of its Website and Online Platform, which may be purchased by Consumers or Retailers via electronic or other transaction methods. Upon registering on Planet 54’s Website or Online Platform, the Consumer or Retailer may place an order for the purchase of goods, which shall constitute a valid acceptance of the offer and thereby a legally binding Agreement of Sale. The sale shall be completed and in effect once the Consumer or Retailer has completed and submitted an electronic order via the Website or Online Platform and completed “Check Out” of items available in the User’s “Shopping Cart” Upon completion of the online sale, payment via one of the available transaction options becomes immediately due, owing and payable including any applicable taxes and delivery charges. The Consumer, Retailer or User of the Website or Online Platform warrants, by use and continued use of Planet 54’s services that he/she is over the age of 18 and possesses the necessary consent and faculties to transact with Planet 54.
5. ACCEPTED PAYMENT METHODS
5.1 Planet 54 reserves the right to obtain validation of the User’s payment details before delivery of the Goods. Once payment has been made for an order, the Order remains valid as an offer until Planet 54 issues a Confirmation of Order or a notice revoking the Order as the case may be. All goods shall remain the sole property of Planet 54 until payment has been effected in full by the User. Once payment has been effected a valid sale shall have been concluded encompassing an offer by Planet 54 and acceptance by the User. Planet 54 is not responsible for the use of the customers debit and credit cards. Planet 54 offers the following methods of payment in completion of your transaction:
5.2 PAYMENT VIA CREDIT AND DEBIT CARDS
Planet54.com accepts Credit Card and Debit or Cheque card payment via Visa and MasterCard only. These transactions shall be secure by means of our designated service provider, who shall ensure that your information is kept secure, that the correct amounts are debited and that your information is not disclosed without authorization or leaked, changed or misused. Should you have any concerns related to your card payment you are to contact us immediately via our designated customer service channels below. The User warrants that he/she is in possession of sufficient funds to complete the transaction and shall be liable for any additional service charges should the transaction be rejected.
5.3 PAYMENT VIA ELECTRONIC FUNDS TRANSFER (E.F.T)
Planet54.com shall accept payment of funds at its sole and exclusive discretion via electronic funds transfer which requires the User to transfer funds directly from his/her bank account into Planet54.com’s account through electronic banking systems. If this method is available the User will be redirected to Planet54.com’s secure payment gateway and asked to required to select his/her bank. The details for the EFT payment will then be displayed, along with instructions regarding references and details of payment. All EFT payments shall require proof of payment to be sent to our designated EFT payments email address before the order is processed firstname.lastname@example.org. Should the proof of payment not be received, Planet54.com reserves the right to request same and/or within a reasonable time cancel the transaction. Planet54.com reserves the right to charge any additional banking or service fees which may be incurred by means of this payment method. Please note all EFT or Cash Deposit take 5-7 working days to reflect.
5.3.1 Bank/Cash Deposit (South Africa Only)
Please see below detailed process before making any deposits into Planet54's direct account. Please note doing a direct deposit into our account is not confirmation of an order.
- Customer makes payment into the Planet54 bank account to the value of their order (If the order is under R400.00 please add R60.00 for transport) as provided below and sends proof of payment to email@example.com with all there information.
- Funds take up to *7 _working days_ *to reflect in our account, after which the order will be processed.
- Reference on the bank deposit must be the customer email address.
- All prices are subject to time that the deposit reflects into our account and may vary accordingly.
- Planet54 cannot guarantee the availability of stock when transactions are done with Bank Deposit or Manual EFT Payment methods.
- Please ensure if your order is less than R400.00 to *add *in an extra R60.00 for shipping charges for within South Africa
- For all payments made from foreign countries or outside of South Africa, please ensure that the transport charges are included when making payment, failing which the order will not be processed.
- Please email proof of payment to firstname.lastname@example.org
- Once the funds have reflected into our bank account we will then issue you with a store credit gift card to the value of your deposit
- You will be sent an email with your store credit gift card
- Click the *"View Store Credit" *button and a unique code will be in your store credit card.
- You will then use this gift card number at your checkout screen in the Gift Card or Discount Code box and the value will be deducted from your order
- Please note that stock is not reserved once payment is done, It is only reserved once you have done the payment with the store credit that has been issued.
- Any cancellation of orders or refunds done via Cash or EFT Direct Deposit will take 7-14 working days to reflect back into the your account.
- The order is only confirmed once you complete the order with the store credit issued and you receive an order confirmation from Planet54
Bank Deposit Details
Account Name: Planet54 Bank Name: FNB Account Type: Cheque Account Account Number: 62608046357 Branch Name: Commercial Account Services Branch Number: 210554
Swift Code: FIRNZ AJJ (International Payments)
Reference: your email address
5.3.2 All payments must be cleared in our designated bank account before store credit is issued.
5.3.3 Where the consumer elects to pay via eft or cash deposit, the following terms shall apply:
- a) The store credit will be issued only once the payment amounts clear in Planet 54’s banking account.
- b) The consumer may be liable for payment of a R 60.00 surcharge for the cash payment fees.
5.3.4 Zapper Payment Method
This payment portal is only applicable to customer who have downloaded and activated the Zapper Application
- Complete the payment option by selecting Pay with Zapper
- You will be transported to the secure Zapper payment portal screen
- A bar coded screen will appear to confirm the amount
- Scan the bar code using your authorised Zapper Application
- Click pay now on your mobile device
- Successful payment notification will be sent to you and your order will be placed
- Planet54 reserves he right to hold any payments done with zapper until a confirmation of payment has been authorised by Zapper
All payments must be cleared before an order is finalised.
Where the consumer elects to pay via eft deposit, the following terms shall apply:
- The order shall be processed only once the payment amounts clear in Planet 54’s banking account
- The consumer may be liable for payment of a R 60.00 surcharge for the eft payment fees.
- Delivery to the consumer shall be 7 (seven) working days from date of receipt of the payment amounts in Planet 54’s bank account.
220.127.116.11 Cornubia Mall Instore Card Machine Payment & Cornubia Mall Instore Cash Payments
The above payment method (Cornubia Mall Instore Card Machine Payment & Cornubia Mall Instore Cash Payments) is strictly for our in the store Cornubia Mall KZN Pop Up orders. This is not a confirmed order and payment needs to be received in the store for a final order to be confirmed. Any order that has selected this payment option outside of the Cornubia Mall Pop Up Store area will be canceled.
5.3.5A PAYFAST Payment Method
18.104.22.168 PayFast is an external payment portal option available to all customers. Where a customer elects to make use of Payfast as a method of payment, he/she understands and accepts that the onus on full payment remains at all times with the customer. Any payment shortfalls or additional charges shall be for that customer’s account.
22.214.171.124 Planet54 shall not be liable for discrepancies in payment or addional charges levied in transactions when customers make use of the Payfast platform and service. Planet54 shall not be laible for improper use on customers credit cards and debit cards. the customer is liable for all payments made with there payment methods.
5.3.5B I-Pay Instant EFT Payment Method
126.96.36.199 I-Pay is an external Instant EFT payment portal option available to all customers. Where a customer elects to make use of I-Pay as a method of payment, he/she understands and accepts that the onus on full payment remains at all times with the customer. Any payment shortfalls or additional charges shall be for that customer’s account.
- Select the Bank - That they have an internet banking profile with
- Login Using their Internet Banking Profile and select an account to pay from - All personal data remains private
- Verification with a One Time Pin (OTP), in-App approval or USSD - Bank dependent
- Payment complete
5.3.6 SUPPLY OF GOODS - South Africa
Planet54.com shall at all times endeavour to supply goods that are in a good condition, safe and fit for the purposes for which they are purchased as contemplated in Section 55 of the Consumer Protection Act (CPA) Notwithstanding this, Planet54.com makes no warranties or guarantees relating to goods that are sourced from external suppliers, manufacturers and retailers. Planet54.com makes no representations regarding the availability of stock including specific colours, sizes, labels, brands or other identifiers and that available quantities reflected on the Website and Online Platform are merely estimates. Once an order has been confirmed, the onus remains on the User to ensure the correctness of the order and that the appropriate sizes, colours and types have been selected without derogating from the Returns Policy below. While Planet54.com endeavours to maintain reasonable amounts of stock available to consumers, it cannot guarantee the availability of any items listed on the website or online platform. Planet54.com, shall at all times exercise reasonable care in ensuring that the pricing of goods on the website and online platform is accurate and up to date. However, Planet54.com shall not be liable to consumers, retailers, or users of the website or online platform in the event of pricing errors due to system malfunction, human error or otherwise. Goods being collected can be done by proof of order number or email address. Please ensure your order number and order information is kept confidential.
6. QUALITY OF GOODS
6.1 Planet54.com shall at all times endeavour to supply goods that are in a good condition, safe and fit for the purposes for which they are purchased as contemplated in Section 55 of the Consumer Protection Act (CPA) Notwithstanding this, Planet54.com makes no warranties or guarantees relating to goods that are sourced from external suppliers, manufacturers and retailers. Planet54.com makes no representations regarding the availability of stock including specific colours, sizes, labels, brands or other identifiers and that available quantities reflected on the Website and Online Platform are merely estimates. Once an order has been confirmed, the onus remains on the User to ensure the correctness of the order and that the appropriate sizes, colours and types have been selected without derogating from the Returns Policy below. While Planet54.com endeavours to maintain reasonable amounts of stock available to consumers, it cannot guarantee the availability of any items listed on the website or online platform. Planet54.com, shall at all times exercise reasonable care in ensuring that the pricing of goods on the website and online platform is accurate and up to date. However, Planet54.com shall not be liable to consumers, retailers, or users of the website or online platform in the event of pricing errors due to system malfunction, human error or otherwise. Please email email@example.com for more information about ordering from outside of South Africa
All costs quoted exclude any clearance charges that are required by the client in the country.
7. RETURNS POLICY
7.1 Planet 54 will accept returns
While Planet54.com makes every effort to accommodate its users, consumers and retailers, our Returns Policy has to be one that is both reasonable and in strict accordance with the relevant aspects of the Consumer Protection Act of 2008 (CPA) and its regulations as amended.
Returns can only be done within 7-14 working days of order.
The Act permits returns within the first* 6 Months* in the following circumstances;
Where goods have been incorrectly supplied. an example of this is where a user orders goods and receives goods that are substantially different from what was ordered. Planet 54 will then have the incorrect goods picked up and the correct goods delivered at no charge to the consumer.
Where the goods sold are materially defective. materially defective means that the goods are not suitable for the purposes for which they are made or designed and that the defect affects the usage of the item. planet 54 reserves the right to inspect the goods once they have been returned before offering the consumer recourse on the matter, which will include
a) A full refund where the goods are found to be materially defective OR
b) A credit to the value of the goods
c) A replacement of the goods
Materially defective here excludes minor scratches, dents, marks or defects which do not affect the usage or enjoyment of the goods.
All goods purchased from Planet 54 via the website or online platform within 5 days of purchase, also known as the “cooling off” period in terms of the consumer protection act (the “CPA”) planet 54 will only accept returns if the goods are in their original packaging, unused and the consumer is able to provide a valid, dated proof of purchase
7.2 Planet 54 will not accept returns
- The consumer protection act (the “CPA”) specifically excludes “buyer’s remorse” and planet 54 reserves the right to reject returns that are sought because the consumer has “changed his mind” or not longer wants the item after the purchase has been made
- Where the goods have been damaged due to ordinary wear and tear or worn out in the ordinary course of use.
- Where the goods have been purchased from other retailers and not Planet 54.
- Where the goods fall into one of the following categories:
- a) Underwear, sleepwear or lingerie
- b) Goods that have been personalized or custom made
- c) Goods that have been specifically ordered for the Consumer and are not in ordinary stock
- d) Goods that may pose a health or safety hazard if returned or reused. Food and drink products may not be returned
- e) Earrings, including studs, piercings, hair pieces, attachments and other personal body items due to health and safety considerations.
- f) Electronic goods, where such goods have been opened, tested or used due to the nature and sensitivity of electronic components.
- g) "Allconsumable food items which are purchased constitute a non-returnable product due to Health reasons"
- Where goods have been incorrectly supplied. an example of this is where a user orders goods and receives goods that are substantially different from what was ordered. planet 54 will then have the incorrect goods picked up and the correct goods delivered at no charge to the consumer.
- Where the goods sold are materially defective. materially defective means that the goods are not suitable for the purposes for which they are made or designed and that the defect affects the usage of the item. planet 54 reserves the right to inspect the goods once they have been returned before offering the consumer recourse on the matter, which will include;
- Where the goods have been willfully damaged or have been damaged by the gross negligence of the consumer or retailer.Where the goods have been damaged by force majeur, or an act of god such as inclement weather, natural disaster, power failure, electrical surges or circumstances outside of planet 54’s control.
- Planet 54 reserves the right to hold the consumer liable for delivery charges in the event of one or more of the above circumstances being the reason for return of the goods.
- Cash refunds will be processed 7 (seven) to 14 (fourteen) working days from date of refund being accepted and return validated. Refunds shall be made to the banking details from which the order was placed, or to the banking details provided to Planet 54 on signing up or account creation.
- Returns are only applicable to customers within South Africa
- No free returns are accepted outside of South Africa, All returns are from outside of South Africa are at the consumers costs. Any exchanges are at the consumers cost
- If a customer requests Cash refund and the basket value drops below the Free Transport or Promotion validation price, Then the customer is liable for any charges deemed by Planet54 (Pty) Ltd
- If a customer requests store credit and the value of the order drops below the Free Shipping total. We will issue you store credit less the shipping fee that was liable.
- Cash refunds that are requested after the 15th of December each year shall only be processed after the 15th of January that succeeding year as the admin accounts of Planet 54 are closed during this period.
7.3 PLANET54.COM EXCHANGES
7.3.1 Planet 54 reserves the right not to process exchanges for any reason whatsoever, subject to sections 55 and 56 of the Consumer Protection Act of 2008, as amended.
7.3.2 Should a customer, consumer or user be unhappy with the colour, type, spec or quality of goods supplied, Planet 54 shall process a cash refund or store credit to the customer which may be used for the purchase of other goods on the website or online platform.
7.3.3 Goods that are returned to Planet 54 shall be treated as returned items and a store credit or cash refund shall be processed to the customer in lieu thereof.
Should a customer purchase goods which qualify for free delivery (over R400.00) and subsequently require an exchange for items less than R400.00, then that customer shall be liable for shipping charges as determined by Planet54.
8. DELIVERY OF GOODS
Planet54 currently only delivers with the South African border via the online platform, We do deliver to selected countries out of South Africa in Africa. Please contact firstname.lastname@example.org to enquire about delivery into Africa. Planet 54 shall endeavour to have all orders delivered within 7 working days of the order being placed in South Africa. However, the delivery time may vary depending on external factors beyond Planet 54’s control. Planet 54 shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. While Planet54 endeavors at all times to adhere to previously stated delivery times and schedules of 7 working days, during promotions and special sale events delivery times and schedules may be varied due to the influx of customer orders. During such promotions and promotional events, delivery of goods shall be 10 to 15 working days from date of confirmation of order but may be delivered before such time. Deliveries may be delayed due to force majeur, logistical, promotional and other considerations. Where stock is sold out due to the above factors, Planet54 shall endeavour to assist customers by offering similar goods or products or store credit or refund in lieu of such shortages. Risk on delivery shall pass to the Consumer upon delivery, unless the Consumer arranges to have the goods picked up or employs the services of his/her own delivery company, in which case risk shall pass to the Consumer upon collection of the goods. No deliveries shall be made to P.O Boxes or LOT No’s or outlying areas which are not accessible by delivery companies. The onus remains with the Consumer to ensure that an accessible physical address is provided.The Consumer has a duty to ensure that the goods are inspected upon delivery, and to notify Planet 54 within 48 hours of any defects, damages or incorrectly supplied goods. Delivery charges shall be detailed with each individual order and may differ based on the size, type and quantity of goods ordered by the Consumer or Retailer.The User or Consumer agrees and accepts that should the he/she change the order, delivery address or specifications after an order has been dispatched, then there shall be delays with the date and time of delivery based on logistical considerations. Any request to change an order that has been placed must be done via email and this will result in a 24-48 hour delay.
Cornubia Mall KZN Collection Shipping Option At Checkout Screen
Collection / Drop off point
Planet 54 shall make use of the store which is based at Cornubia Mall KZN for specific orders, whereby the customer has selected the "collect" option while purchasing from the online store. This is in an effort to assist customers in obtaining their purchased items without delay.**
Customers will be notified via email once the orders have been processed and are ready for collection, usually within 2 days of placing the order. Please produce your order number and email address for proof when collecting your order.**
Any items which the customer may need to return can similarly be returned to the store at Cornubia Mall for seamless transactions.**
8.1 DELIVERY CHARGES
8.1.1 Planet54 offers free delivery within South Africa for any order over the value of R400-00. Should the customers order be under R400, a R60-00 transport charge will be applicable.
If the customer pays for shipping and returns any product, the shipping charge that the customer has paid will not be refunded.
Returns that have qualified for free shipping and returns and item dropping the value under the free shipping threshold will be liable for the standard R60 shipping charges.
8.1.2 Delivery charges to any African country outside of the South African boarder that are calculated on the Planet54 website are subject to final packing. All prices quoted to any country from South Africa into Africa exclude any customs and duties charges applicable. It excludes any addition customs charges that may be applicable.
8.2 DELIVERY: Promotions and Special Sale Events
8.2.1 While Planet54 endeavors at all times to adhere to previously stated delivery times and schedules of 7 working days, during promotions and special sale events delivery times and schedules may be varied due to the influx of customer orders. During such promotions and promotional events, delivery of goods shall be 10 to 15 working days from date of confirmation of order but may be delivered before such time. Deliveries may be delayed due to force majeur, logistical, promotional and other considerations. Where stock is sold out due to the above factors, Planet54 shall endeavour to assist customers by offering similar goods or products or store credit in lieu of such shortages. Discount codes will be deactivated on the 26th October 2018 for the Absa Day Promotion. Planet54 reserves the rights to disable all discount codes for 3rd party promotions, month end sales and special promotions.
9. CANCELLATION POLICY
9.1 The Consumer may at any time prior to the order being finalized and confirmed online via completion of the transaction, cancel the order at no charge to him or her. Once the order has been confirmed and finalized however, Planet 54 reserves the right to charge a reasonable handling or administrative charge which may be up to 10% of the purchase price of the goods in accordance with the Consumer Protection Act (the “CPA”) Planet 54 reserves the right to cancel any order where there is suspicion of fraud, misconduct or other criminal activity and to refuse the supply of goods in such circumstances. The Consumer may not unilaterally cancel the transaction, subject to the terms of the Returns Policy in Clause 7 above. All cancellation of orders must be done in writing from the account holder related to the purchase and refunds shall take 7-14 working days to process. If cancellation are done after an order has been shipped, the customer shall be refunded only once the order has been returned and validated in the warehouse at Planet54 and that account holder may be liable for shipping charges.
10 Vouchers, Coupons, Gift Cards, online promotions, competitions and Hashtags
10.1.1 These discounts may only be used to discount regularly priced items on the Website or Online Platform. These are not applicable to already discounted or marked down products. These are single use only and may be used by one person for the purposes of a single transaction. Planet 54 reserves the right to revoke and cancel any vouchers, coupons, gift cards or other discounts should there be a suspicion of fraud, misuse or abuse. Vouchers, Coupons and Gift Cards are valid for a specified period only and may not be exchanged for cash. These may only be used for goods available on the Website or Online Platform and may not be redeemed at Agents, Subsidiaries or Assigns of Planet 54. The total basket value of the purchase must be the stated promotional value or more. This may constitute a single item, or multiple items totalling the stated promotional value or more. Should the consumer return one or more item after having received the discount value from the promotion, thereby dropping the total basket value or total value of the purchase to below the stated promotion or value, then that consumer shall be liable for charges as determined by Planet 54. Certain products and brands are excluded from any promotion and discount codes.
10.1.2 All promotions shall only be valid for the stipulated period of that promotion or in the absence of any time frame, shall be valid for a maximum of 7 (seven) days from date of promotion to midnight on the 7th (seventh) day thereafter including all Sundays and public holidays.
10.1.3 Multiple vouchers are not allowed be used on the same order.
10.1.4 Any product bought using a discount code or that is discounted and then returned will be refunded the actual amount paid for the product including any transport charges that may occur.
10.1.5 During the Black Friday month of November, all discount codes will be deactivated due to the already discounted prices of items on sale. Discount codes will be re-instated the following month of December.
10.2 Planet 54 cannot warrant that special prices, promotions, promotional codes and vouchers will work on all computers, laptops, operating systems and personal devices and all platforms for all customers.
10.3 Abuse of accounts, vouchers, promo codes and gift cards:
User and Consumers are indentified by their personal information including names, handles, cellphone numbers, email addresses physical address and other identifying markers. Should Planet 54 find that a user or consumer has attempted or abused the system by creating multiple accounts, stacking promo codes, adding and removing items from the basket to trigger free delivery and thereafter removing items or otherwise abusing the system, Planet 54 shall take all necessary steps including banning the user, closing the accounts, revoking the order and/or the instituting of civil or criminal proceedings should the situation warrant it.
10.4 Free gift give away terms
Our free gift campaigns are subject to consumers spending a certain amount and is subject to the following clause:
- The total basket value of the purchase must be to the stipulated reward amount or more. This may constitute a single item, or multiple items totaling the stipulated amount or more.
- Should the consumer return one or more item after having received the free gift, thereby dropping the total basket value or total value of the purchase to below the stipulated reward amount then that consumer shall be liable for charges as determined by Planet 54.
- Planet 54 reserves the right to levy charges at its discretion where there has been abuse or misuse by consumers of the free gift offer.
10.5 Bundle Deals, Combination Deals and Promotions
Bundle, Combination and Promotions campaigns are subject to consumers spending a certain amount and is subject to the following clause:
- The total basket value of the purchase must be to the stipulated reward amount or more. This may constitute a single item, or multiple items totaling the stipulated amount or more.
- Should the consumer return one or more item after having received the promotion, thereby dropping the total basket value or total value of the purchase to below the stipulated reward amount then that consumer shall be liable for charges of the product and transport changes as determined by Planet 54.
- Planet 54 reserves the right to levy charges at its discretion where there has been abuse or misuse by consumers of the promotion offer.
10.6 Special Mark Down and Clearance Sales
Planet54 may at times offer items to consumers on special markdown or clearance sales. During such times Planet54 reserves the right not to accept returns/exchanges or process refunds on items purchased during such sales. Where Planet54 chooses at its sole and exclusive discretion to accept a return or refund at a markdown or clearance sale, the customer shall be liable for any and all associated costs including transportation and handling charges.
Misuse or Abuse
Planet 54 reserves the right, at the sole and exclusive discretion of management to:
- Limit or restrict all access to users of the Planet 54 website, social media pages, mobile app or mobile platforms.
- Suspend or ban users from accessing its website, social media pages, mobile app or mobile platforms.
- Delete or remove any comments, statements or posts by users which may have the effect of bring Planet 54, its brand, company, staff or directors into disrepute.
- Record, including by way of recording or screen captures any posts which may be defamatory, slanderous or which may otherwise have legal implications for users.
- Take any other action which has the effect of mitigating or limiting reputational damages or defamatory conduct.
11 COMPETITION TERMS
11.1 Planet 54 may from time to time run competitions and promotions for users of the website and online platform and for consumers. The following terms shall apply to all competitions unless specifically stated otherwise. Should there be conflict between stated competition terms on the website and online platform and these terms, then these terms shall take precedence.
- No entry fee shall be levied for competitions unless otherwise stated in that competition and subject to the limitations of the Consumer Protection Act of 2008.
- Planet 54 shall not accept responsibilty for entries not being received for any reason whatsoever, including incorrectly filled out forms, network problems or others.
- While Planet 54 shall endeavour to ensure that prize descriptions are clear and set in ordinary terms, Planet 54 shall not be liable for the user or consumer incorrectly understanding the prizes offered or the entry requirements. Furthermore Planet 54 cannot guarantee the accuracy or details of prizes which are supplied by third parties or suppliers of Planet 54.
- All competitions winners shall be randomly selected. However, the final selection remains the sole and exclusive discretion of Planet 54 and its management.
- Employees, staff, affiliates, partners and services providers of Planet 54 shall not be eligible for entry into competitions.
- There shall be one winner per competition unless specifically stated otherwise.
- Competition winners agree to have their likeliness, image, name and winning details published by Planet 54 or its affiliates including the publication in any promotional material.
- Competition prizes shall be delivered to the winners, or shall be collected by the winners at Planet 54’s offices only. The winners may be required to provide contact details, personal information and/or proof of identity prior to receiving their prizes.
- Competition prizes cannot be exchanged for cash, other items, colours or specifications or returned for credit.
- Planet 54 may differ or cancel competitions at its sole and exclusive discretion for any reason whatsoever.
- Competition winners will be notified electronically on the platform that they entered or via email and must contact Planet 54 within 7 (seven) working days of being notified, failing which the winner shall forfeit the prize and which prize may thereafter be awarded to the next potential winner.
- Competition entries shall only be accepted within the period of the competition and shall close on midnight on the last day of that competition. Should there be no stipulated end date, all competitions shall run for a maximum of 14 (fourteen) days from beginning of the contract till midnight on the 14th(fourteenth) day, including all Sundays and public holidays.
- Prizes shall be delivered within the ordinary delivery times and shall be delivered to the address provided by the competition winner.
- Entry into all competitions shall be deemed as acceptance of all the terms above.
12. Free delivery terms
12.1 Planet 54 offers free delivery to consumer for orders over the value of R 400.00 The free deliveries are subject to the following conditions:
- The total basket value of the purchase must be R 400.00 or more. This may constitute a single item, or multiple items totaling R 400.00 or more.
- Should the consumer return one or more item after having received the free shipping, thereby dropping the total basket value or total value of the purchase to below R 400.00 (Four hundred rand) then that consumer shall be liable for shipping charges as determined by Planet 54.
- Planet 54 reserves the right to levy shipping charges at its discretion where there has been abuse or misuse by consumers of the free shipping offer.
- A R60-00 transport charge will be applicable for orders under the total value of R400-00 If the customer pays for shipping and returns any product, the shipping charge that the customer has paid will not be refunded.
Next day delivery
- Excludes Weekends and public holidays
- R100 charge per order
- Not available for COD payment options
- Only certain Main Centre areas qualify for Next Day Delivery DURBAN
- Orders must be placed before 14:00 on a Business day
- Delivery between 8am and 5pm on the next business day
- Excludes Kitchen appliances and Pre-orders
Planet54 may have limited promotions for free delivery on all orders, this is strictly for South African customers only.
13 PRICE GUARANTEE POLICY
13.1 The following terms apply to Planet 54’s Price Guarantee and Price Match Policies:
- The product or item to be purchased must be brand new, identical in every way, inclusive of - but not limited to - specification, colour, size and style, and must be offered on the same terms as planet 54;
- Our price guarantee may only be claimed against any legitimate south african online stores offering the same merchandise and excludes factory outlets, membership clubs, duty-free shops, auction sites, market stalls, private sales and liquidations;
- The competing online store must have the product in stock and immediately available for purchase and delivery;
- The item must also be in stock at planet 54, must be current and available for immediate purchase or delivery;
- Planet 54 reserves the right to verify the lower price being offered by the competitor online store prior to supplying the item in question;
- The competing online store price must include vat and any applicable delivery charges in the price of the item.
- Planet 54’s price guarantee will apply for five days after purchase.
- Planet 54 requires absolute proof of purchase.
- Planet 54 reserves the right to withdraw this price guarantee at any time at the sole and exclusive jurisdiction of management
14. LIMITATION OF LIABILITY
14.1 Unless otherwise provided in any further written agreement, Planet 54 shall not be liable to Consumers, Retailers or Users for any indirect, consequential, special, incidental or punitive damages which may arise out of the use of Planet 54’s Website or Online Platform or the supply or resale of any goods or services.
15. INFORMATION AND DATA PROTECTION - POPI
15.1 In this clause the terms "data subject" and "process" have the meanings given to them in the Protection of Personal Information Act of 2013 (POPI). Each party warrants to the other that, in relation to this Agreement, it shall comply strictly with all requirements of POPI. Planet 54 shall ensure that all information collected from Consumers, Retailers and Users shall be collected for the specific purposes of interacting, transacting and conducting business, including information obtained for the purposes of marketing and advertising. Planet 54 warrants that it has appropriate technical and organizational measures in place to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data held or processed by it and that it has taken reasonable steps to ensure the reliability of any of its staff who have access to Personal Data processed in connection with this Agreement. Planet 54 will co-operate with and assist any Consumer, Retailer or User at no charge in allowing data subjects to exercise their rights under the The Protection of Personal Information Act of 2013 and will comply with any reasonable request made by Consumers, Retailers or Users to ensure compliance with the measures mentioned in the Act. The Consumer, Retailer or User warrants that it will notify Planet 54 immediately of any correspondence it may receive from any local data protection regulator and any successor or replacement body relating to Personal Data or any complaint from an individual about the processing of Personal Data in connection with this Agreement.
15.2 If Planet 54 becomes aware of the loss or compromise of, or any damage to, any Personal Data which it is processing in connection with this Agreement it will:
(a) immediately notify the Consumer, Retailer or User of the details of the incident and
(b) promptly initiate a full investigation into the circumstances surrounding the incident and make any reports of notes of the investigation available to the Consumer, Retailer or User;
16.2 This Agreement shall be governed by and construed in all respects in accordance with South African law and the Courts of the Republic of South Africa shall have exclusive jurisdiction. If any provision or any part of this Agreement is held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be deemed not to form part of this Agreement but the enforceability of the remainder of this Agreement shall not be affected;
ONLINE ONLY STORE
Planet54 is a stricly online-only store with its domicilium displayed for notices and legal processes only. Customers may not visit the Planet54 address for collections or queries as these have to be address through its various online and social media platforms only.
17. Gift of the Givers Partnership
Planet54 has extended its charitable reach and partnered with NGO, Gift of the Givers in an effort to upliftcommunities in need and provide life-saving disaster relief operations throughout the world.
“Africa’s largest NGO, Gift of the Givers has delivered over R2.1 billion in aid to 43 countries around the world, including South Africa.”
How can you help?
Every time you shop with Planet54, you can add R2 to your shopping cart and Planet54 will double your contribution with another R2.
All funds donated will assist the Gift of the Givers organisation in helping poverty-stricken areas, locally and abroad.
Help build a global society focused on humanitarianism, supporting communities recover and rebuild.
Gift of the Givers donations are nonrefundable and do not qualify you for any promotions.
The R2 Donation for Gift Of The Givers is excluded from your order applying for Free Shipping.
18. Absa rewards program
Absa has developed a value added services rewards programme for Absa retail bank customers (the “Absa Rewards Programme”)
Absa Rewards Member or Member- means an Absa retail bank customer who has joined the Absa Rewards Programme;
Cash Rewards means the rebate that the Absa Rewards Member earns in terms of the rules of the Absa Rewards Programme as defined in paragraph 1.1 and which are communicated by Absa to Absa Rewards Members;
Absa will be responsible to fund the Cash Rewards to the Absa Rewards Members who shops for clothing items at Planet 54. The amount of the Cash Rewards is in Absa’s sole and absolute discretion and may change from time to time.
18.2 Returns : In the event that an item is returned after the cash rewards have been received for that item from Absa, Absa is entitled to cancel the cash rewards and such rewards will subsequently be recouped Absa from the purchaser.
T&Cs apply. Absa is an authorised FSP
Absa Day on the 26th October 2018 - All Discount Codes will be deactivated
ADDRESS FOR NOTICES
Planet 54 chooses the following address for the receipt of notices, processes, documentation and communications. Should any communications not be directed to the addresses below, Planet 54 reserves the right to deem such notices, processes or communications as undelivered and incorrectly served.
Enquiries to: email@example.com Customer Services Number: 031 579 2454 Full Company Details: Planet54 (PTY), Ltd Reg Number 2016/146784/07 Head Office: 42 Brickworks Way, Briardene, Durban North, 4051, South Africa