This agreement is in terms of section 93(2) of the National Credit Act, 34 of 2005.
Please make sure that you have read through and understand the articles in this section.
1.1 This document, consisting of the application section and pre-agreement statement section and the terms and conditions section, shall upon complete signature thereof by the Consumer and representative of Capri, constitute the complete credit agreement concluded between the Consumer and Capri.
1.2 Form 20 constitutes the payment schedule and sets out the information relating to the credit extended to the Consumer, in terms whereof Capri lends the capital amount to the Consumer who in turn borrows that amount from Capri on the terms and conditions as set out in this agreement.
1.3 The Consumer confirms that the full capital amount borrowed from Capri must be used to pay the full purchase price for the goods which the Consumer ordered from Capri as set out in the application section, and the Consumer hereby irrevocably instructs Capri to appropriate the capital amount as capital debt for such ordered goods.
2.1 The Consumer will repay Capri as set out in these terms and conditions read with the application section and Form 20 and undertakes to repay Capri all money paid to or on behalf of the Consumer with interest at a fixed rate, as well as all fees and charges. The interest accrues daily, is accumulated at the end of each month and is then added to the outstanding balance. Financing charges (including interest) shall be charged at the highest rate allowed under the NCR ACT.
2.2 Repayment is by means of a bank debit order and the Consumer authorises Capri to statisfy any payment obligation of the Consumer under this agreement by means of charges made against the Consumers designated bank account as set out in the application section, the date of first payment shall be in the second month following the month in which the goods have been invoiced provided such date may be changed by Capri from time to time in order to correspond with any possible changes in the actual salary payment date as may be verified by Capri from time to time.
Where repayment is by any other method the date of first payment shall be on the first day of the second month following the month in which the goods have been invoiced.
2.3. All subsequent payments shall be made in equal monthly installments on the same day of the month as that on which the first repayment had been made, subject to possible changes in the actual salary payment date, and for a period corresponding with the number of equal monthly installments over which the capital, interest fees and costs has to be repaid, subject to any deferred payments or rescheduling granted by Capri. All payments will be made without any right of deduction or set-off and free of bank commission or other charges and may vary from the amounts as set out in Form 20 due to late payments, non-payments and interest or fee debits. The onus and risk is on the Consumer to ensure that payments are received by Capri.
2.4. The Consumer may repay any amount owed under this agreement at any time without prior notice or penalty.
2.5. The Consumer is not entitled to offset any claim or amount Capri owes him/her against any amount he/she owes Capri.
2.6. Should the consumer fail to pay any amounts due in terms of this agreement on the due date, or should the Consumer have agreed with Capri to defer the payment of an amount due as aforesaid, Capri shall be entitled to charge interest on arrears at a rate as applicable to the agreement from time to time.
2.7. Should the Consumer be in arrears with the repayment of any amount due and payable in terms of this agreement,Capri is entitled but not obliged, and without prior notice to the Consumer, to reschedule the installments by dividing the amount in arrears into the outstanding term of the credit agreement or to extend the term of the credit agreement.
3.1 The Consumer agrees that Capri will provide the Consumer with a statement of account every month.
3.2 Non-receipt of a statement by the Consumer shall not be cause to withhold any payment due to Capri.
4. Default administration costs
4.1 The Consumer will pay default administration charges in respect of each letter necessarily written where the Consumer is in default under the credit agreement or where notice of debt review termination is given by Capri in terms of section 86(10) of the NCA.
4.2 Default administration charges will not exceed the amount payable in respect of a registered letter of demand in undefended actions in terms of the Magistrates’ Court Act, 1944 in addition to any reasonable and necessary expenses incurred to deliver such letter.
5. Early settlement and termination
5.1 The Consumer is entitled to settle this credit agreement at any time, with or without advance notice to Capri. This credit agreement shall be terminated when the settlement amount is paid to Capri in full.
6. Credit provider’s right to terminate the agreement
6.1 Capri may terminate this agreement and take any court action necessary to enforce its rights if the Consumer is in breach of this agreement. Delivery of default notice and service of process.
7. Credit provider’s right to terminate the agreement
7.1 Whenever Capri is required to deliver to the Consumer a default notice in terms of section 129(1)(a) of the National Credit Act 34/2005 (“NCA”) such notice shall be delivered in accordance with the written preference of the Consumer, being either delivery by registered mail or alternatively delivery to an adult person at the location designated by the Consumer.
7.2 Whenever Capri elects to institute legal action against the Consumer, the Consumer elects that all process documents shall be served in terms of any applicable legislation at the address which is reflected in this agreement, and if a physical address as well as a postal address reflects, Capri shall be entitled at its own discretion to elect any one of those addresses in isolation, or both such addresses, for service of process.
7.3 The Consumer may at any time change any address envisaged above by delivering a written notice to Capri wherein it provides the details of a newly elected address. The Consumer shall deliver this notice to CAPRI either by hand or by registered mail to the address elected by Capri in this agreement.
8. Penalty interest on amounts in arrear
8.1 The interest rate applicable to an amount in default or an overdue payment will be the same as the highest interest rate applicable to any part of the principal debt.
9. Marketing option
9.1. Please refer to the application section regarding the Consumer’s right to be included or excluded from telemarketing campaigns, mass distribution email or sms messages, and the sale of customer lists.
10. Breach of contract
10.1 Consumer is in breach of this agreement if the Consumer is in default with the prompt payment of any installment or any amount due or payable in terms of this agreement; or fails to perform or comply with any of the other provisions and/or obligations (all of which are material) of this agreement; or commits any act of insolvency or is sequestrated or liquidated; or allows any judgment by default against him/her to remain unpaid for seven (7) days, of if an application to have such judgment by default set aside is refused within fourteen days (14) of the default judgment; or makes any incorrect declaration or representation in connection with this agreement or his financial affairs or any particulars thereof; or dies.
10.2 Then, if the Consumer is in breach of contract, Capri is entitled to claim specific performance and damages; and/or to cancel this agreement and claim immediate payment of all amounts due in terms hereof without prior notice to the Consumer, regardless whether such amounts are otherwise payable at the point in time mentioned or not, and/or to cancel this agreement and claim damages.
11.1 If the Consumer is in breach of contract, or acts in any other way that causes Capri to enforce or protect its rights in terms of this agreement, and Capri has to use the services of its own staff, an attorney, debt collector or tracer to enforce its rights, the Consumer undertakes to pay Capri’s reasonable and necessary expenses including but not limited to tracing fees, attorney and own client costs, and collection commission on the amount handed over, restricted to 25% of the handover amount.
12. Right to cede
12.1 Capri has the right any time and from time to time, without the consent of the Consumer, to cede, assign and transfer all or any of its rights, title and interest in and to this agreement as well as any other security of whatsoever nature held by Capri in respect of the indebtedness of the Consumer in terms of this Agreement, to and in favour of any third party or parties, whether natural, juristic or of any other kind or nature. The aforesaid right includes the right to delegate any obligation in terms of this agreement or security. To the extent that any cession, assignment, transfer or delegation aforementioned constitutes or results in a spitting of claims that requires the consent of the Consumer, the Consumer hereby consents thereto.
13. Information sharing consent
13.1 Capri currently supplies information to the following credit bureau: Compuscan (Tel. +27 21 888 6000). This credit bureau may report or release the Consumer’s credit information to other entitled parties as a credit profile or rating of the Consumer’s creditworthiness. The Consumer is entitled to contact these and any other credit bureaux in order to obtain his/her credit record and to have inaccurate information corrected.
13.2 The Consumer authorises Capri to submit data to any credit bureau about the application, opening and termination of his/her account, and to inform any credit bureau regarding his/her non-compliance with the terms and conditions of this agreement.
14. Authority to debit account
14.1 I hereby authorise Capri Exclusive Homeware to issue and deliver monthly payment instruction to your Bank for collection against my account at my Bank mentioned herein (or any other bank or branch to which I may transfer my account) as if the instructions have been issued by me personally and in condition that the sum of such payment instructions will never exceed my obligations as agreed to in this agreement and commencing on the date of first payment elected in the agreement and continuing until my obligations in terms of this agreement has been fulfilled or this authority is terminated by me by giving Capri Exclusive Homeware notice in writing of not less than 20 ordinary working days, and sent by prepaid registered post of delivered to my address as indicated above, provided such termination will not cancel this agreement nor will it entitle me to any refunds. In the event that the payment day falls on a Sunday, or recognised South African public holiday, the payment day will automatically be the very next ordinary business day. Furthermore, you are entitled to track my account re-present the instruction for payment as soon as sufficient funds are available in my account. I hereby authorize Capri to deduct the money from the bank account details on my payslip and/or bank statement submitted along with my order.
14.2 I understand that the withdrawals hereby authorised will be processed through a computerised system provided by the South African Banks. I also understand that details of each withdrawal will be printed on my bank statement. Such must contain the abbreviated name as stipulated below which number enable me to match the withdrawals with this agreement.
I acknowledge that this Authority may be ceded or assigned to a third party but only in the event that this agreement is also ceded or assigned to that third party.
15. Lay-by Election
15.1 If elected yes, then should your application for credit be unsuccessful the Consumer hereby elects to enter into a lay-by agreement with Capri, in which case the following terms and conditions will replace the relevant credit agreement terms and conditions.
15.2 Capri shall hold the goods to be purchased as described until the Consumer has paid the full cash price as indicated by not later than the expiry of 25 months after date hereof. If the consumer in writing terminates the lay-by agreement before fully paying for goods not yet delivered, or fails to complete the payment for goods not yet delivered within 60 business days after the anticipated date of completion, Capri will charge and deduct a termination penalty equal to 1 percent of the full purchase price of the goods not yet delivered from the amounts already paid by the consumer and refund the balance to the consumer.
15.3 Capri reserves the sole right to deliver the goods in stages as and when it has been paid for in full instead of a single delivery of all goods after full payment. Payment of the purchase price of the goods will be done in accordance with the included debit order authorisation in 24 equal montly instalments. Payment will commence on the payment day in the first month following the acceptance month of this application.
16. Payment Arrangements
16.1 For approved credit agreements: The second month following the month in which the goods have been invoiced.
16.2 For accepted layby: The first month following the month in which the layby was accepted.
16.3 All subsequent payments will be on the day of the month as confirmed on invoice.
Note: The Consumer can settle this credit agreement at any time without fear of penalty or extra costs. Capri must explain the terms and conditions of this agreement to the Consumer, as well as provide the Consumer with a copy hereof.
17. Consumer acknowledges
The Consumer hereby specifically acknowledges and warrants that he/she:
- Is legally competent to execute this agreement including but not limited to having obtained his/her spouse’s prior written consent where such consent is legally required.
- Is not insolvent, under administration, under debt review, over-indebted or experiencing, or likely to experience difficulty in satisfying all his/her obligations under all existing credit agreements in a timely manner.
- Has completely and truthfully disclosed all income details, expense details and credit agreement obligations when applying for this credit.
- Will notify Capri without delay of any change in his/her financial position and his/her ability to repay any amount due.
- Authorises Capri to obtain information concerning him/her from any credit bureau in order to assess this application for credit, the level of indebtedness and debt repayment history.
Online Shopping and the website
- Online Shopping Terms and Conditions
Welcome to Capri’s online website (www.capri.co.za). Please take a moment to read the online shopping terms and conditions to make sure we are all on the same page. If you have any questions regarding the Terms and Conditions or our website, please send an email to firstname.lastname@example.org.
Please note that we may change the below Terms and Conditions at any given time. It is your responsibility as the consumer to regularly check these Terms and Conditions and make sure that you understand the changes before continuing with your shopping.
Please also note that if you make use of the website after any changes to our Terms and Conditions, you will be deemed to have agreed and accepted such changes.
1.1 www.capri.co.za is owned and operated by Capri Exclusive Homeware.
1.2 These Terms and Conditions oversee the ordering, sale and delivery of goods as well as the use of the Online Website.
1.3 By using the Capri Exclusive Homeware website and/or by clicking on the “Register now” or “Login” button on the website, you acknowledge that you have read and agreed with the Terms and Conditions.
1.4 These Terms and Conditions are binding and enforceable against any person that accesses and uses the Capri website.
This Policy can also be found under the FAQs section.
I want to return a product. Now what?
We do our best to ensure that all orders are always complete and faultless. If your order is incorrect or incomplete we will happily solve the issue as soon as possible.
In order for us to process your return as fast and efficiently as possible, please contact our Customer Care Team at email@example.com.
Are there any fees associated with a return?
In the event where a Capri product(s) are damaged by the customer or exhibit signs of use or abuse, we reserve the right to refuse the return or charge the customer the full price of the damaged goods. Should a return be due a mistake on an order from Capri’s side, we will return the goods free of charge, however Capri at its sole discretion me decide to charge customers return fees in the event where it is due to customer related issues.
How do I return a product?
Returns are accepted when the order (where reasonably possible) is undamaged, in its original packaging and returned in a sturdy cardboard shipping box. Please contact our customer service team at firstname.lastname@example.org
Can I return my order at any time?
Orders or part of orders may be returned for 30 days after delivery, if the conditions, as set out in the How do I return a product section are met. Manufacturing fault? Each product offers a unique warranty and you are well within your right to make full use of the benefits it brings. Please see our section on Warranties.
My order is incomplete or is damaged, what now?
If your order is incomplete or broken, our Customer Service Team will immediately take any action to correct this mistake. Please contact our Complaints Department at +27 11 438 3600.
1.5 Capri Exclusive Homeware takes all reasonable efforts to ensure that the price of products, the description, information, specials and availability of stock are correctly displayed on the website. However, we regret that no order will be accepted if we do identify an inadvertent and obvious error in the prices of products, specials or the information of products on the website.
1.6 Capri Exclusive Homeware will therefore not be liable for any loss, claim or expense relating to a transaction based on any error.
1.7 You are encouraged to contact us to report any possible malfunctions or errors by way of sending an email to email@example.com.
Specials and Coupons
1.8 Capri Exclusive Homeware may from time to time offer product specials to customers. These product packages may contain a number of homeware products which may not be exchanged for any other products available. The products available to be added to the combo may not be exchanged for any other products which is not available.
1.9 Any products being sold on special are subject to stock availability.
1.10 Coupon codes are issued in Capri Exclusive Homeware’s sole discretion. These coupon codes may be distributed via your agent or by means of social media campaigns or online newsletters. Please note that these coupon codes are issued under specific terms and conditions regulating when and how they may be used.
1.10.1 Only one coupon code can be used at a time. Capri Exclusive Homeware can at its sole discretion decide to reject any order where more than one coupon code has been used and will not be liable for any loss, claims or expenses related to a transaction based on this matter.
1.10.2 Coupons cannot be exchanged for cash or to buy gift vouchers.
1.10.3 If Capri Exclusive Homeware provides a Coupon Code that doesn’t seem to work, please inform us by sending us an email to firstname.lastname@example.org.
1.11 Capri Exclusive Homeware takes all reasonable measures to ensure that the website is secure to our customers, however Capri Exclusive Homeware cannot be held responsible or liable for any loss or damages (direct, indirect, incidental, special or consequential) which might arise from using the website in any way whatsoever.
1.12 The use of the website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the website.
1.13 Capri Exclusive Homeware cannot be held responsible for any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website.
1.13 The consumer may place an order for certain products which Capri Exclusive Homeware may accept or reject. Whether Capri Exclusive Homeware accepts or rejects an order depends on the availability of the products, the correctness of the information and prices of the products and receipt of full payment.
1.14 Capri Exclusive Homeware has the right to reject any order due to stock availability.
1.15 If a customer paid the full price for a certain product which has become unavailable, Capri Exclusive Homeware will refund that customer.
Changes to the website
1.14 Capri Exclusive Homeware may in its sole discretion terminate, suspend and modify this website, with or without giving notice to you as the customer.
1.15 We will use reasonable ways to maintain the availability of the website, except during scheduled maintenance periods, however, we reserve the right to discontinue providing the website or any part thereof with or without notice to you at any given time.