Refund policy

THE COOL CLUB SA

REFUND, RETURNS, EXCHANGES, WARRANTY, LIMITATION OF LIABILITY & INDEMNITY POLICY

Effective Date: 1 November 2026

Welcome to The Cool Club SA.

We want you to enjoy your shopping experience and be completely satisfied with your purchase. This policy explains your rights and responsibilities when purchasing products from The Cool Club SA, including our portable neck fans and other cooling accessories.

This policy applies to all purchases made through our online store and any other authorised sales channels operated by The Cool Club SA.

By placing an order with us, you acknowledge that you have read and understood this policy, subject always to your non-excludable statutory rights under South African law.

1. APPLICABLE SOUTH AFRICAN LEGISLATION

This policy is governed by the laws of the Republic of South Africa, including:

The Consumer Protection Act 68 of 2008 (CPA).
The Electronic Communications and Transactions Act 25 of 2002 (ECTA).
The Consumer Protection Regulations, 2011.
The Protection of Personal Information Act 4 of 2013 (POPIA).
Applicable common law principles relating to contracts, liability and delict.

Nothing in this policy is intended to exclude, restrict or override any mandatory consumer rights or obligations imposed by applicable South African legislation.

2. RETURNS FOR DEFECTIVE OR FAULTY PRODUCTS

The Cool Club SA takes product quality seriously.

All products sold by The Cool Club are subject to the implied warranty of quality provided for under Section 56 of the Consumer Protection Act.

If a product is defective, unsafe, faulty or fails to meet the standards reasonably expected of it, consumers are entitled to exercise their rights under the Consumer Protection Act.

Where a product qualifies for a remedy under Section 56, the consumer may choose, as provided by law, to have the product:

Repaired;
Replaced; or
Refunded.

Where a product is returned under the statutory warranty, the return will be at The Cool Club's risk and expense.

If a repaired product develops the same or another defect within three (3) months after repair, the further remedies contemplated in Section 56(3) of the Consumer Protection Act will apply.

3. CHANGE-OF-MIND RETURNS AND ONLINE PURCHASES

We understand that customers may occasionally change their minds after placing an order.

In accordance with Section 44 of the Electronic Communications and Transactions Act, consumers purchasing goods through qualifying electronic transactions generally have the right to cancel the transaction without reason or penalty within seven (7) days after receiving the goods.

This statutory cooling-off right applies subject to the exclusions and exceptions provided for in the Act.

To exercise this right:

Customers must notify The Cool Club in writing within the applicable seven-day period.
Customers are responsible for the direct cost of returning the goods.
Customers must return the goods in accordance with reasonable return instructions.
Customers must provide sufficient information to identify the original purchase.

We may inspect returned goods to verify their identity, condition and compliance with the applicable return requirements.

The seven-day cooling-off period is a statutory right and is separate from the six-month implied warranty for defective products.

Where a valid cancellation is exercised under Section 44 of ECTA, The Cool Club will refund payments within thirty (30) days after cancellation, as required by law.

Certain transactions and categories of goods may be excluded from this cooling-off right under ECTA. Where an exclusion applies, the relevant statutory provisions will prevail.

4. VOLUNTARY RETURNS AND EXCHANGES

Outside statutory return and cancellation rights, The Cool Club may, at its discretion, consider voluntary returns or exchanges.

For voluntary change-of-mind returns, we generally require:

The product to be unused and in its original condition.
All original accessories, charging cables and components to be included.
The original packaging to be included.
Proof of purchase or order confirmation.

We reserve the right to decline voluntary returns or exchanges where these conditions are not met.

These conditions will not be applied to refuse a return, refund, repair or replacement where the customer is legally entitled to such a remedy under applicable South African legislation.

5. EXCLUSIONS AND CUSTOMER-CAUSED DAMAGE

Subject to the Consumer Protection Act and other applicable legislation, The Cool Club may decline a voluntary return or statutory warranty claim where a product failure or damage is attributable to the customer's misuse, negligence, unauthorised modification or failure to follow reasonable product instructions.

Examples include:

Physical damage caused by dropping, crushing or mishandling the product.
Damage resulting from unauthorised repairs or modifications.
Damage caused by incompatible charging equipment or unsuitable power sources.
Water damage where the product is not designed or rated to be water-resistant.
Damage resulting from exposure to excessive heat, fire or unsuitable environmental conditions.
Damage resulting from deliberate tampering or dismantling.
Ordinary wear and tear resulting from normal use.

These exclusions do not apply where a defect, failure or damage is attributable to a manufacturing defect, unsafe product, inadequate warnings or instructions, or another circumstance for which The Cool Club is legally responsible.

Each claim will be assessed on its individual circumstances and applicable legal requirements.

6. INCORRECT, MISSING OR DAMAGED DELIVERIES

If you receive an incorrect, damaged or incomplete order, please contact us as soon as reasonably possible.

Examples include:

Receiving a different product from the one ordered.
Receiving a product damaged during delivery.
Missing items or accessories.
Receiving an incomplete order.

Please email the following information to:

thecoolclubSA@gmail.com

Include:

Your full name.
Your order number.
A description of the issue.
Photographs or videos showing the issue, where applicable.

We will investigate the matter and arrange an appropriate resolution in accordance with applicable South African consumer legislation.

Where The Cool Club is responsible for the incorrect or damaged delivery, we will bear the reasonable costs of resolving the issue.

7. HOW TO REQUEST A RETURN, REFUND OR EXCHANGE

All return, refund, exchange and warranty requests must be submitted in writing to:

Email: thecoolclubSA@gmail.com

Please use the subject line:

RETURN / REFUND REQUEST – ORDER NUMBER

Your email should include:

Full name and surname.
Order number.
Date of purchase.
Reason for the return or complaint.
Description of the problem, where applicable.
Photographs or videos showing the defect, where applicable.
Your preferred resolution, where applicable.

Our returns team will acknowledge your request and provide instructions on how to proceed.

Please do not send products to an address without first receiving return instructions from us. Should you return goods without first logging the email, we will not accept the return and reject all further requests.

We reserve the right to request reasonable additional information or arrange an inspection where necessary to assess a return or warranty claim.

We will not impose unreasonable administrative requirements or procedures to delay or frustrate a legitimate consumer claim.

8. REFUND PROCESSING

Once a return has been approved and any necessary inspection has been completed, refunds will be processed in accordance with the applicable statutory requirements.

Unless otherwise required by law:

Refunds will generally be made using the original payment method.
Customers may be requested to provide the information reasonably required to facilitate the refund.
Refund processing times may be affected by the relevant payment provider or banking institution.

The following statutory timeframes apply where relevant:

ECTA Section 44: Refund within thirty (30) days after cancellation.

CPA Section 16: Where a qualifying direct marketing transaction is cancelled under this provision, the refund must be made within fifteen (15) business days after cancellation and return of the goods, as applicable.

CPA Section 56: Remedies for defective goods must be provided in accordance with the applicable statutory requirements.

Where a consumer is legally entitled to a refund, The Cool Club will not replace that entitlement with store credit or a voucher without the consumer's agreement.

9. SHIPPING AND RETURN COSTS

Responsibility for return shipping costs depends on the reason for the return.

Defective products under the Consumer Protection Act

The Cool Club will bear the reasonable return costs where the return is made under the statutory warranty.

Incorrect products supplied

The Cool Club will bear the reasonable costs of resolving the incorrect delivery.

Damaged deliveries attributable to The Cool Club or its delivery arrangements

The Cool Club will bear the reasonable costs of resolving the issue.

Seven-day online cooling-off cancellation

The customer is responsible for the direct cost of returning the goods in accordance with Section 44 of ECTA.

Voluntary change-of-mind returns outside statutory rights

Return costs will be agreed with the customer before the return is arranged.

10. PRODUCT USE, CHARGING AND SAFETY

Our neck fans and other electronic cooling products must be handled, charged, stored and used in accordance with the manufacturer's instructions.

Customers are responsible for:

Reading and following all product instructions.
Using compatible charging equipment and suitable power sources.
Avoiding exposure to water unless the product is specifically designed and rated for such exposure.
Keeping products away from excessive heat and fire.
Keeping electronic products and charging accessories away from children unless appropriately supervised.
Discontinuing use if a product becomes unusually hot, emits smoke, produces an unusual smell or shows signs of electrical damage.

Customers should follow the manufacturer's charging recommendations and safety instructions.

The Cool Club does not recommend using electronic products in a manner contrary to their supplied safety instructions.

Failure to follow reasonable product safety instructions may affect a claim where the failure directly causes the damage or loss complained of, subject to applicable consumer protection legislation.

Nothing in this section removes The Cool Club's legal responsibilities concerning product safety, manufacturing defects, adequate warnings or instructions.

11. LIMITATION AND EXCLUSION OF LIABILITY

11.1 To the fullest extent permitted by the laws of the Republic of South Africa, The Cool Club SA, its owners, directors, employees, representatives, agents, contractors, suppliers and affiliates ("the Protected Parties") shall not be liable for any loss, damage, cost, expense or claim arising from or connected with the purchase, possession, use, misuse or inability to use any product supplied by The Cool Club.

11.2 Without limiting the generality of the above, and subject always to applicable law, The Cool Club shall not be liable for:

a. Any indirect, incidental, special, exemplary or consequential loss, death or damage;

b. Loss of profits, revenue, business opportunities, anticipated savings or anticipated benefits;

c. Damage resulting from improper, negligent, reckless or unauthorised use of a product;

d. Damage resulting from failure to follow product instructions, safety warnings or charging guidelines;

e. Damage resulting from unauthorised repairs, alterations, modifications or tampering;

f. Damage caused by incompatible charging equipment, power sources or accessories;

g. Damage resulting from exposure to water, excessive heat, fire or other environmental conditions where the product is not designed to withstand such exposure;

h. Ordinary wear and tear, cosmetic deterioration or damage attributable to the customer's handling or storage of the product;

i. Losses arising from events beyond The Cool Club's reasonable control, subject to its obligations under applicable law.

11.3 Customers acknowledge that electronic products, including rechargeable neck fans, require appropriate handling, charging, storage and maintenance. Customers are responsible for following the applicable product instructions and safety warnings.

11.4 The Cool Club shall not be responsible for any injury, loss or damage to the extent that it is caused by the customer's negligence, misuse, reckless conduct, unauthorised modification or failure to follow reasonable safety instructions.

11.5 To the fullest extent legally permissible, The Cool Club's aggregate contractual liability arising from a particular transaction shall not exceed the amount actually paid by the customer for the specific product giving rise to the claim.

11.6 The limitation in clause 11.5 shall not apply where such limitation is prohibited by law, including liability arising under Section 61 of the Consumer Protection Act 68 of 2008, applicable statutory warranties, or liability for which a supplier may not legally contract out.

11.7 Nothing in this clause shall exclude or limit liability for fraud, intentional wrongdoing, gross negligence or any other liability that cannot lawfully be excluded or limited under South African law.

11.8 No provision of this policy shall be interpreted as removing, restricting or excluding any mandatory consumer rights or remedies afforded under the Consumer Protection Act, Electronic Communications and Transactions Act or any other applicable legislation.

12. CUSTOMER RESPONSIBILITY AND INDEMNIFICATION

12.1 To the fullest extent permitted by South African law, the customer shall be responsible for loss, damage or expense suffered by The Cool Club to the extent directly caused by:

a. The customer's unlawful conduct;

b. The customer's negligent, reckless or intentional misuse of a product;

c. Unauthorised modification, dismantling, alteration or repair of a product;

d. The customer's deliberate or negligent failure to follow clearly communicated product safety instructions;

e. The customer's fraudulent activity or material misrepresentation in connection with a purchase, return, refund or warranty claim;

f. The customer's infringement of third-party rights through conduct unrelated to any defect or unlawful act by The Cool Club.

12.2 Where a loss is directly attributable to the customer's conduct described above, the customer shall be responsible for the reasonable and proven direct costs and damages legally recoverable by The Cool Club.

12.3 The customer shall not be responsible for any loss, damage, injury or claim to the extent that it results from:

a. A manufacturing defect or unsafe product for which The Cool Club is legally responsible;

b. Negligence, gross negligence, fraud or unlawful conduct by The Cool Club or persons for whom it is legally responsible;

c. A breach of any statutory obligation imposed on The Cool Club;

d. Any circumstance in which liability cannot lawfully be transferred to the customer.

12.4 Nothing in this indemnity shall require a customer to indemnify The Cool Club against liability that The Cool Club is prohibited from transferring or excluding under the Consumer Protection Act, including liability for defective goods or gross negligence.

12.5 This indemnity shall operate only to the extent that it is lawful, reasonable and enforceable under South African law. Any portion found to be unenforceable shall be severable without invalidating the remaining lawful provisions.

13. PRODUCT LIABILITY AND CONSUMER PROTECTION

In terms of Section 61 of the Consumer Protection Act, producers, importers, distributors and retailers may be held liable for harm caused by unsafe goods, product defects or inadequate warnings and instructions, subject to the provisions of the Act.

The Cool Club acknowledges its responsibilities under this legislation.

We will not exclude liability for defective or unsafe products where such liability is imposed by law.

Nothing in this policy shall be interpreted as removing any statutory responsibility imposed on The Cool Club as a supplier, retailer or importer, where applicable.

14. COMPLAINTS AND DISPUTE RESOLUTION

We encourage customers to contact us directly if they are dissatisfied with a product or with the handling of a return, refund or warranty claim.

We will make reasonable efforts to resolve complaints fairly and promptly.

If a dispute cannot be resolved directly with The Cool Club, consumers may approach the relevant South African consumer protection authorities or dispute resolution bodies, including:

The National Consumer Commission (NCC).
The Consumer Goods and Services Ombud (CGSO), where applicable.
The relevant provincial consumer protection office.
The National Consumer Tribunal, where it has jurisdiction.

Nothing in this policy prevents a consumer from exercising their rights through the appropriate legal channels.

15. PROTECTION OF PERSONAL INFORMATION

The Cool Club SA respects the privacy of its customers.

Any personal information collected during the purchase, returns, refunds or warranty process will be handled in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA).

Information may be collected and processed for purposes including:

Verifying customer purchases.
Processing returns and refunds.
Investigating product complaints.
Communicating with customers.
Meeting legal and regulatory obligations.
Maintaining appropriate business and transaction records.

We will take reasonable steps to protect customer information and will process such information only where there is an appropriate lawful basis.

16. CHANGES TO THIS POLICY

The Cool Club reserves the right to update, amend or modify this policy from time to time.

Any updated policy will be published on our website with an amended effective date.

Changes to this policy will not retrospectively remove consumer rights that have already accrued under applicable legislation.

17. GENERAL PROVISIONS

17.1 Applicable law: This policy shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

17.2 Severability: If any provision of this policy is found to be unlawful, invalid or unenforceable, that provision shall be severed to the extent necessary, and the remaining provisions shall continue to apply.

17.3 Statutory rights: Where any provision of this policy conflicts with mandatory South African legislation, the applicable legislation shall prevail.

17.4 Entire policy: This policy should be read together with The Cool Club's website Terms and Conditions and Privacy Policy.

17.5 No waiver: Any failure by The Cool Club to enforce a provision of this policy shall not automatically constitute a waiver of its rights.

18. CONTACT INFORMATION

For all returns, refunds, exchanges, warranty claims and product-related complaints, please contact:

THE COOL CLUB SA

Email: thecoolclubSA@gmail.com

Country: Republic of South Africa