Digital Goods Warranty and Returns or Refunds Policy

  1. Our goods and services.
    We provide licences to artistic works in the form of photographs and images and other related digital goods.
  2. Read instructions.
    Please carefully read and follow all instructions that come with our goods. For example, any documents that help you use our goods. Please also read our website at www.frankfeatures.co.za for tips on using our goods.
  3. Cooling-off period.
    Section 44 of the ECT Act may apply to your electronic transactions. If you qualify as a consumer under the Electronic Communications and Transactions Act, you may be entitled to cancel some electronic transactions within seven days, without reason or penalty. Section 44 is only applicable if you are a natural person – in other words, a human being. You must also be the end user of the goods or service. The transaction must be an electronic transaction – a transaction concluded via (in whole or in part) the website, email, or SMS.
  4. Cancellation
    You may cancel your orders for licenses to artistic works within certain time periods subject to certain refund restrictions provided that you have not used the associated artistic work yet on the following basis:
    • You may cancel an order within seven working days from the invoice date without charge;
    • You may cancel an order within 30 working days after the invoice date with a 50% refund;
    • You may not cancel an order after thirty working days; and
    • Cancelling an order revokes the associated right to use the artistic work.
  5. Our goods warranty.
    We warrant that all our goods are of good quality unless we clearly describe them as having specific defects.
  6. Delivery
    You are deemed to have received any digital goods that we deliver to you in good and useable condition.
  7. Return of goods in terms of cooling-off period.
    You must delete any digital goods you have downloaded from our website and confirm that you have done so on request by us in the manner provided for below. Certain goods by reason of their nature cannot be returned during the cooling-off period. If you have any problems with these types of digital goods, please contact us within seven days of the date on which you purchased the goods. We will do our best to resolve the problem.
  8. Statutory goods warranty for six months.
    We warrant that any media on which digital goods are delivered will be free of any defects for six months of normal use, from the time we supplied the goods. This is the statutory warranty in terms of the Consumer Protection Act of 2008 (the CPA).
  9. Defective goods.
    Defective goods are those that had a defect or were unsafe when we supplied them. A defect usually means that workmanship involved in the creation of the goods was below an acceptable standard. This includes software bugs that cause death or illness to a natural person or damage to property. You must prove that goods are defective.
  10. Statutory compensation.
    We will remedy, or refund the price of, any defective goods during the six month statutory warranty on request. Refund claims must follow our refunds procedure below.
  11. Invalidation of warranties and right to return unsuitable goods.
    Our goods are created under strictly controlled conditions. For this reason, warranties on any of our goods will be invalid if any person who is not suitably qualified and has been authorised by us in writing (for copyright reasons) and has edited, tampered with, or altered the goods or used the goods contrary to our instructions. This also applies to goods found to be unsuitable. It may be fraud to make goods defective deliberately to claim a refund.
  12. Statutory right to return unsuitable goods.
    Our customer that is also a consumer under the CPA may delete and request a remedy or refund for goods within ten days of delivery if the goods are not suitable for a specific purpose that they communicated to us in writing prior to purchasing the goods.
  13. Returns of unsuitable goods.
    A consumer must claim a refund for unsuitable goods within ten days of delivery according to our returns and refunds procedure below.
  14. Refund of price of unsuitable goods.
    We will refund the full price of any unsuitable goods.
  15. Procedure for refunds from other suppliers.
    Customers of other suppliers (such as major online retailers) must claim refunds for defective or unsuitable goods directly from that supplier. Customers must use the correct refunds procedure. Please contact the customer services department of the relevant supplier for details of their refunds procedures.
  16. Our returns and refunds procedure.
    You must use our returns and refunds procedure for returning defective or unsuitable goods, or else we may refuse to accept them. Our returns and refunds procedure is as follows:
    • Download a return or refund claim form from our website at www.frankfeatures.co.za or ask our customer services department (details below) to fax, post or email the form to you.
    • Fill in the form with your contact details, date and place of purchase, and all details of the digital goods that you want a refund for, including how and why you believe the goods are defective or unsuitable for your purpose.
    • Email, fax, post or deliver the refund or return claim form to customer services. Customer services should contact you with a return or refund claim number within 24 hours of receipt, otherwise you must contact them to get the number.
    • Our customer services department may tell you that they do not believe you have a claim, for example because the warranty period of the goods has expired. In this case we may refuse to remedy or replace the goods, or refuse to pay a refund.
    • We will notify you once we have received the return or refund claim form associated with your claim. At the same time, we will ask you to provide us with a certificate of deletion certifying that the digital goods associated with your claim have been deleted, and we will revoke your access to the digital goods through our digital rights management system.
    • We will not be able to continue processing your claim until we have received the certificate of deletion. Please note that it is a breach of the terms associated with the digital goods not to delete them when asked to do so as part of the returns and refunds procedure.
    • If we have revoked your access to the digital goods though our digital rights management system, we will notify you and inform you that we are continuing to process your claim. Please note that not all digital goods are controlled through our digital rights management system.
    • If you claim that our goods are defective, our technicians will examine the goods on the media on which the digital goods were delivered or the digital repository where the goods are stored if they were delivered digitally. They will report to us whether the goods were defective, were misused, or are of good quality.
    • If you claim that our goods are unsuitable for your purpose, we will first investigate whether you communicated the purpose to us. If you did, we will then provide you with a written report indicating whether we believe the goods were unsuitable for your specific purpose or not.
    • If the goods were returned outside the seven day cooling-off period, or our technician reports that the goods were misused, were of good quality, were not provided to you for a specific purpose or were suitable for that purpose, then we will have the right not to remedy, replace or refund the goods.
    • If you returned the goods within the seven day cooling-off period and our technician reports that the goods were defective, were provided to you for your specific purpose and were unsuitable for that purpose, then we will either contact you and ask you whether you would like us to remedy, replace, or refund the price of the goods (if you are also a consumer under the CPA) or advise you how we have decided to compensate you (if you are not a consumer under the CPA).
    • If you choose for us to remedy or replace the goods or we decide to do so ourselves, we will contact you as soon as reasonably possible to organise the necessary steps to remedy or replace the goods.
    • If you choose for us to make a refund or we decide to do so ourselves, we will contact you and arrange payment of the refunded amount into a bank account of your choice within 30 days of cancellation.
  17. Dispute resolution.
    If we do not accept that we supplied defective or unsuitable goods, and our customer services department has not been able to help, any customer may still take the matter up with a suitable ombud or other dispute resolution body, or take legal action. The dispute resolution procedures under the CPA do not necessarily apply to all transactions with us. This policy does not exclude any other rights customers may have.
  18. Our customer services department contact details.
    Our customers can contact our service department as follows:
    • Telephone number: 082 871 3927
    • Email address: kerryn@frankfeatures.co.za
    • Postal address: PO Box 15154, Vlaeberg 8018, Cape Town, 8018, South Africa
  19. Customer queries and complaints.
    We aim for complete customer satisfaction. We respect our customers’ rights and always try to comply with best practice and all relevant laws. If you are not satisfied with any of our goods, or have any questions, please contact our customer services department and have your invoice ready. We will try our best to solve your problem. We are proud of the reputation of our goods.