Refund policy


PONY & GRACE

RETURNS, REFUNDS & EXCHANGES POLICY

At Pony & Grace, we want you to be happy with your purchase.

This Returns, Refunds & Exchanges Policy explains when products purchased from Pony & Grace may be returned, exchanged, repaired or refunded.

This policy applies to ponytail caps, hats, accessories, apparel and other physical products sold through the Pony & Grace online store.

IMPORTANT

Nothing in this policy is intended to exclude, restrict or waive any consumer right that cannot lawfully be excluded under the Consumer Protection Act 68 of 2008 (“CPA”), the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), or any other applicable South African law.

Where a provision of this policy conflicts with a mandatory provision of South African law, the applicable law will prevail.

1. ONLINE PURCHASES — 7-DAY COOLING-OFF PERIOD

Because Pony & Grace operates an online store, certain electronic transactions are subject to the cooling-off provisions of section 44 of ECTA.

Where section 44 applies, a consumer may cancel the transaction without giving a reason and without penalty within seven days after receiving the goods.

The consumer may be responsible for the direct cost of returning the goods.

Where payment has already been made, the applicable refund must be processed within 30 days after cancellation, subject to the requirements of ECTA. (SAFLII)

Conditions for returning goods under the cooling-off right

Where reasonably possible, returned goods should:

  • be safely packaged;

  • include all components, accessories and items supplied with the product;

  • not have been intentionally damaged or altered; and

  • be returned in a condition that allows Pony & Grace to identify and assess the goods.

However, these practical requirements do not override a consumer's statutory rights.

2. PRODUCTS THAT ARE EXCLUDED FROM THE ECTA COOLING-OFF RIGHT

The ECTA cooling-off right does not apply to every transaction.

Section 42 of ECTA contains exclusions, including certain goods that:

  • are made to the consumer's specifications;

  • are clearly personalised;

  • by their nature cannot be returned;

  • are likely to deteriorate or expire rapidly;

  • fall within certain other categories specified by the Act.

The exclusion applies only where the particular statutory requirements are actually met. (SAFLII)

IMPORTANT FOR PONY & GRACE

A product being a cap, accessory or wearable item does not automatically mean that it is exempt from the statutory cooling-off right.

Pony & Grace will therefore assess each return according to the applicable legislation rather than automatically treating all worn products as legally non-returnable.

3. HYGIENE AND WORN PRODUCTS

Because Pony & Grace sells products that may come into contact with a customer's hair, skin and perspiration, we ask customers to take reasonable care of products after delivery.

For voluntary returns outside a statutory right, we may require products to be:

  • unused;

  • unworn;

  • unwashed;

  • free from makeup, perfume, deodorant, hair products, sweat or other contamination;

  • free from stains, odours, pet hair and other signs of use;

  • accompanied by original accessories and packaging where applicable.

Where a product has been worn, washed or altered, Pony & Grace may refuse a voluntary change-of-mind return where permitted by law.

This does NOT remove statutory rights.

If a product is defective or otherwise qualifies for a statutory remedy, a consumer's rights under the CPA or other applicable law will not be removed merely because the product has been used.

4. DEFECTIVE PRODUCTS — SIX-MONTH STATUTORY WARRANTY

Pony & Grace recognises the statutory implied warranty of quality under section 56 of the Consumer Protection Act.

Where qualifying goods fail to meet the requirements and standards contemplated by section 55 of the CPA, the consumer may return the goods within six months after delivery, without penalty and at the supplier's risk and expense.

Subject to the CPA, the consumer may direct the supplier to:

repair the goods;
replace the goods; or
refund the price paid for the goods. (Government of South Africa)

This statutory warranty cannot simply be removed by a store policy.

5. WHAT COUNTS AS A DEFECT?

A product may qualify for a statutory remedy where, for example, it:

  • has a manufacturing defect;

  • is materially damaged when supplied;

  • does not conform to the description provided;

  • is not of the quality that a consumer is reasonably entitled to expect;

  • is not reasonably suitable for the purpose for which goods of that type are generally intended; or

  • fails to meet other applicable requirements of the CPA.

The CPA requires the circumstances of the supply, including how the goods were marketed, packaged and described, to be considered. (Government of South Africa)

6. ORDINARY WEAR AND TEAR

Normal wear and tear is not necessarily a manufacturing defect.

A statutory quality claim may also be affected where goods have been:

  • intentionally damaged;

  • misused;

  • modified or altered;

  • used contrary to supplied care instructions; or

  • damaged after delivery through circumstances outside the supplier's control.

The CPA itself recognises circumstances involving alteration contrary to instructions or after the goods have left the relevant supplier's control. (Government of South Africa)

Pony & Grace may request reasonable information or evidence to determine whether a claimed problem is a product defect or damage arising after delivery.

7. DAMAGED PRODUCTS RECEIVED BY THE CUSTOMER

If your product arrives damaged, please contact Pony & Grace as soon as reasonably possible.

We may request:

  • your order number;

  • photographs of the product;

  • photographs of the packaging;

  • photographs of the shipping label; and

  • a description of the damage.

This information helps us investigate the issue and, where applicable, make a claim against the courier.

You will not lose a statutory consumer right merely because you did not report damage immediately.

8. INCORRECT PRODUCT

If we send you an item that is different from the item you ordered, please contact us.

Where Pony & Grace supplied the wrong product, we will arrange an appropriate remedy in accordance with applicable law, which may include:

  • replacement with the correct product;

  • collection or return arrangements; or

  • a refund where applicable.

Where Pony & Grace is responsible for the error, we will not make the customer bear a return cost that the law requires the supplier to bear.

9. MISSING ITEMS OR ACCESSORIES

If your order is missing an item, component or accessory that was included in the order, please contact us.

We may ask for photographs of the package and its contents to assist with our investigation.

Where an item was omitted from the order, Pony & Grace will work with the customer to provide the missing item or another remedy required by law.

10. CHANGE-OF-MIND RETURNS

Outside the statutory rights described above, Pony & Grace may offer a voluntary change-of-mind return at its discretion.

Where a voluntary return is offered, the product may be required to:

  • be unused and unworn;

  • be in saleable condition;

  • be free from stains, odours and damage;

  • include applicable accessories;

  • include packaging where reasonably required; and

  • be returned within the voluntary return period communicated by Pony & Grace.

The customer may be responsible for return shipping costs for voluntary change-of-mind returns where permitted by law.

This section does not limit the customer's statutory rights under ECTA or the CPA.

11. SALE, PROMOTIONAL AND DISCOUNTED PRODUCTS

A product being discounted, placed on sale or purchased during a promotion does not automatically remove statutory consumer rights.

Where a product has a known defect or limitation and is specifically sold in a condition that has been properly disclosed to the consumer, the applicable provisions of the CPA will determine the consumer's rights. (Government of South Africa)

Pony & Grace will not use a “sale item” label to exclude a statutory remedy that cannot legally be excluded.

12. EXCHANGES

Pony & Grace may offer exchanges for eligible products where stock is available.

An exchange is subject to product availability and the applicable circumstances of the return.

Where a consumer is entitled to a statutory remedy, the consumer's rights will be determined under the applicable legislation rather than solely under our voluntary exchange policy.

13. REFUNDS

Where a refund is approved or required by law, Pony & Grace will refund the applicable amount using the original payment method where reasonably practicable, or another lawful method agreed with the customer.

Refunds may take additional time to reflect in the customer's bank account depending on the relevant payment provider or financial institution.

Where ECTA section 44 applies, the Act provides for the applicable refund to be made within 30 days after cancellation. (SAFLII)

14. RETURN SHIPPING COSTS

Where the customer changes their mind

For a qualifying ECTA cooling-off cancellation, the customer may be responsible for the direct cost of returning the goods. (SAFLII)

For voluntary returns outside statutory rights, return shipping may also be the customer's responsibility.

Where the product is defective or Pony & Grace made an error

Where applicable law requires the supplier to bear the return cost, Pony & Grace will do so.

In particular, section 56 of the CPA provides that qualifying defective goods returned within the statutory six-month period are returned at the supplier's risk and expense. (Government of South Africa)

15. RETURN INSPECTIONS

When a product is returned, Pony & Grace may inspect the product to determine:

  • whether it corresponds with the customer's order;

  • whether there is a manufacturing defect;

  • whether damage occurred before or after delivery;

  • whether the product has been modified;

  • whether the claimed issue corresponds with the customer's description; and

  • which remedy is applicable.

An inspection is intended to establish the facts and does not, by itself, remove or restrict statutory consumer rights.

16. FRAUDULENT OR ABUSIVE RETURN CLAIMS

Pony & Grace reserves the right to investigate suspected fraudulent or abusive return activity.

Examples may include:

  • returning a different product from the one purchased;

  • deliberately damaging a product;

  • submitting false information;

  • submitting repeated fraudulent claims;

  • manipulating photographs or evidence;

  • claiming non-delivery when tracking information indicates delivery; or

  • attempting to obtain multiple refunds for the same purchase.

Where fraud or unlawful conduct is suspected, Pony & Grace may take appropriate legal or other lawful action.

This clause does not prevent a legitimate consumer from exercising a statutory right.

17. HOW TO REQUEST A RETURN

To request a return, contact:

Pony & Grace Customer Care

📧 Email: [ponyandgrace@gmail.com]
🌐 Website: [pony&grace.co.za]

Please provide:

Order number:
Full name:
Product:
Reason for return:
Date received:
Photographs/videos where relevant:

Please do not send products to an address without first receiving return instructions from Pony & Grace.

18. RETURN AUTHORISATION

Where appropriate, Pony & Grace will provide return instructions after receiving the customer's request.

A return authorisation or reference number may be used to help us track the return.

However, failure to obtain a return authorisation does not extinguish a consumer's statutory rights.

19. PRODUCTS THAT HAVE BEEN ALTERED

If a customer alters, modifies, repairs or otherwise changes a product after receiving it, this may affect the application of a statutory warranty where the alteration caused or contributed to the failure.

For example, this may include:

  • cutting the cap;

  • sewing or modifying the cap;

  • adding attachments;

  • chemically treating the product;

  • intentionally stretching or damaging components; or

  • modifying the product contrary to supplied instructions.

This does not affect a consumer's rights where the alteration did not cause the relevant failure or where applicable law provides otherwise.

20. PERSONALISED OR CUSTOM PRODUCTS

Where Pony & Grace offers personalised or custom-made products, the applicable statutory rules will be considered.

Certain personalised or custom-made goods may fall outside the ECTA section 44 cooling-off right, subject to the statutory requirements. (SAFLII)

However, customisation does not give Pony & Grace permission to supply defective or non-conforming goods.

21. DELIVERY DELAYS AND UNAVAILABLE PRODUCTS

Pony & Grace will communicate applicable delivery estimates during the purchasing process.

ECTA generally provides that a supplier must execute an order within 30 days, unless the parties agreed otherwise. Where the supplier fails to execute an order within the applicable period, the consumer may have cancellation rights under ECTA. (SAFLII)

If a product becomes unavailable after an order has been placed, Pony & Grace will notify the customer and provide the applicable remedy in accordance with the law.

22. NO WAIVER OF YOUR LEGAL RIGHTS

Nothing in this policy:

  • excludes the CPA;

  • excludes ECTA;

  • limits a statutory warranty;

  • prevents a consumer from exercising a statutory cancellation right;

  • prevents a consumer from seeking a lawful remedy; or

  • requires a consumer to waive a right that cannot legally be waived.

Any provision that is found to be unenforceable will be interpreted or severed to the extent necessary while leaving the remainder of this policy in effect.

23. GOVERNING LAW

This policy and transactions with Pony & Grace are governed by the laws of the Republic of South Africa, subject to any mandatory consumer protections applicable to the transaction.

24. COMPLAINTS

If you are unhappy with how a return or refund has been handled, please contact Pony & Grace first so that we can investigate and attempt to resolve the matter.

Customer Care:
📧 ponyandgrace@gmail.com

Where a dispute cannot be resolved directly, the consumer may have access to applicable consumer dispute-resolution mechanisms.

Pony & Grace will comply with applicable requirements of South African consumer law.