RETURN OF GOODS
A member may only return goods purchased from MedicAlert® and receive a full refund, as per Sections 20, 56, 16, 19(5), 19(8), and 55(3) of the Consumer Protection Act (no. 68 of 2008) (“the CPA”), if:
(a) The goods received are unsafe or defective;
(b) The goods were purchased as a result of direct marketing and the member has rescinded the agreement during the cooling-off period, as defined in the CPA, and notice in writing is given to MedicAlert® within five (5) business days after the later of the date on which-
(i) the agreement was concluded; or
(ii) the goods were delivered to the member.
Such goods will therefore be returnable at the members risk and expense within 10 business days after delivery;
(c) The member did not have an opportunity to examine the goods before delivery and the member has rejected delivery of those goods for any of the following reasons:
(i) the goods are not of a type and quality reasonably contemplated in the agreement with MedicAlert® or
(ii) in the case of a special-order agreement, the goods do not reasonably conform to the material specifications of the special order;
(d) The goods delivered to the member are mixed with goods of a different description not contemplated in the agreement with MedicAlert® and the member has rejected delivery of all of the goods;
(e) The goods delivered to the member were intended to satisfy a particular purpose, which purpose must have been communicated clearly to MedicAlert® and the goods have been found to be unsuitable for that particular communicated purpose. The member must return the goods to MedicAlert® within 10 business days after delivery.
Should any goods be returned in accordance with the above provisions, MedicAlert® will refund to the member the purchase price paid by the member, less any reasonable amount that may be charged by MedicAlert® for:
(a) the use of the goods whilst in the member’s possession; or
(b) any consumption or depletion of the goods ; or
(c) the necessary restoration costs to render the goods fit for re-stocking, which shall include the associated costs of engraving.
The above return and refund policy does not apply if –
(a) a public regulation prohibits the return of the those goods to a supplier; or
(b) the goods have been partially or entirely disassembled, physically altered, permanently installed, affixed, attached, joined or added to, blended or combined with, or embedded within, other goods or property after having being supplied to, or at the direction of, the member; or
(c) The member has simply changed his / her mind and no longer wants the goods that he / she has purchased from MedicAlert®
IMPLIED WARRANTY OF QUALITY
MedicAlert® undertakes to provide safe and good quality goods to all members in accordance with Sections 56 and 57 of the Consumer Protection Act (no. 68 of 2008). For the purposes of this warranty, goods are considered to be safe and of good quality if they:
(a) are reasonably suitable for the purpose for which they are generally intended;
(b) are of good quality, in good working order and free from any defects;
(c) will be useable and durable for a reasonable period of time, having regard to the use for which they would normally be put and to all the surrounding circumstances of their supply, fair wear and tear excepted; and
(d) comply with any applicable standards as set under the Standards Act (no. 29 of 1993) or any other public regulation.
Should the goods supplied to a member fail to satisfy the above requirements and standards, the member can return the goods to MedicAlert® within a period of six (6) months after delivery of the goods and shall be entitled to have the goods repaired or replaced by MedicAlert®, alternatively to be refunded the price paid for the goods.
In the instances where goods are returned to MedicAlert® for repair and they are so repaired, the warranty on the repair is valid for a period of three (3) months after the date of such repair, fair wear and tear excepted.
This warranty does not apply:
(a) if the member has been expressly informed that particular goods were offered in a specific condition;
(b) if the member has expressly agreed to accept the goods in the afore-stated condition, or knowingly acted in a manner consistent with accepting the goods in that condition;
(c) where the goods delivered to the member have been altered in any fashion by a member;
(d) where the member has damaged, abused or misused the goods;
(e) in cases of fair wear and tear, having regard to the circumstances in which the goods are intended to ordinarily be used and having regard to the nature and materials of the goods.