Legal

Refunds & Returns.

How refunds work on SA Fashion Mall — aligned with the Consumer Protection Act 68 of 2008 (CPA) and the Electronic Communications and Transactions Act 25 of 2002 (ECTA). SA Fashion Mall is the marketplace facilitator that administers the dispute and escrow process; the contract of sale is between the Buyer and the Seller and the Seller remains the supplier for statutory-remedy purposes. Because every payment is held in escrow, most “refunds” are simply funds never released to the seller in the first place.

Last updated · February 2026
How the money moves
Every rand you pay is held by SA Fashion Mall (not the Seller) until you confirm delivery. If something goes wrong before you confirm, the money is still with us and a refund is a single admin action. If you’ve already confirmed and released the funds, refunds are still available in the qualifying scenarios below — they just take longer because we recover the money from the Seller.
01

Your statutory rights

  • 7-day cooling-off right (ECTA s44) — for most online consumer purchases of ready-made goods, natural-person consumers may cancel and return the goods within 7 business days of delivery, for any reason, without penalty. Return shipping is at the Buyer’s cost. Refund within 30 days of return receipt. The lawful conditions in §3 must be met.
  • Defective goods (CPA s55–56) — goods must be of good quality, safe, reasonably suitable for their intended purpose and free of defects. If a defect appears within 6 months of delivery, the Buyer may choose repair, replacement or refund at no cost. The statutory defect remedy is the Seller’s obligation as the supplier of the goods. SA Fashion Mall is the marketplace facilitator and administers the dispute process — we do not insure or warrant the goods ourselves.
  • Non-delivery — if a Seller fails to deliver within a reasonable time (typically 15 business days for local, 21 for national) and cannot explain why, the Buyer is entitled to a full refund.
  • Custom-made goods (ECTA s42(2)(f)(i)) — goods produced to your specification (custom-order garments to your measurements) are excluded from the 7-day cooling-off right but retain full defect and non-delivery protections.
02

Defect-remedy framework · SAFM as marketplace facilitator

The Seller is the supplier of the goods and carries the CPA s55–56 obligations. SA Fashion Mall administers the escrow, holds the payment until a decision is made, and provides a neutral dispute-review process — we do not warrant or insure the goods. This framing does not remove or diminish any statutory right the Buyer has against the Seller under the CPA; it clarifies which party owes the remedy.

Evidence required for a defect claim:

  • Clear photographs of the defect from multiple angles (front, back, close-up of the affected area).
  • A written description of the problem (min. 50 characters) and how it manifests in normal use.
  • The delivery date, and the date the defect first became apparent.
  • The original listing details (garment specs / fabric composition / measurements) where relevant.

The Seller has a right of reply in the dispute thread before any refund decision is issued. Both parties are heard on the merits.

What is NOT a defect
The following do not qualify for the 6-month statutory defect remedy under CPA s56 and will not sustain a defect claim:
  • Normal wear and tear consistent with the age and use of the garment.
  • Damage caused by use, washing contrary to the care instructions on the listing or the garment label, ironing at incorrect temperatures, or bleach exposure.
  • Damage or alteration by the Buyer, a third-party tailor engaged by the Buyer, or dry-cleaner error.
  • Natural variation inherent to handmade goods, hand-dyed fabrics and fabric dye lots — where such variation is disclosed on the listing.
  • Fit issues arising from measurements the Buyer supplied and confirmed on a custom order (see §5).
  • Colour differences attributable to screen calibration where the listing includes a colour-accuracy note.
03

Cooling-off returns · lawful conditions

The ECTA s44 cooling-off right remains available to natural-person consumers on ready-made goods. It is subject to the following lawful conditions and boundaries:

  • Return-first, refund-after. Refunds are processed only after the returned item is received by the Seller and inspected. SA Fashion Mall never refunds before the return is received and passes inspection.
  • Condition of the returned item is decisive. The item must be unworn, unwashed, unaltered, and returned with original tags and packaging where applicable. Signs of wear, use or laundering void the cooling-off return (statutory defect and non-conformity remedies are unaffected and continue to apply).
  • Buyer bears return shipping. The original outbound shipping fee paid by the Buyer is not refunded on a cooling-off return — the Seller already dispatched the goods.
  • 7 business days from delivery. The return notification must be logged from the order page within 7 business days of receipt; the physical return must be dispatched within a further 7 business days.
  • Excluded from cooling-off: custom / made-to-measure garments (ECTA s42(2)(f)(i)), fabric cut to a specified length by the mill once cutting has begun (see §5 and the Cancellation Policy), and B2B / wholesale fabric orders — see §7 below.
04

Qualifying reasons for a refund

A dispute may be opened (and a refund requested) for any of the following reasons:

  • Damaged in transit — the item arrived broken, torn, stained or otherwise physically damaged (photo evidence required).
  • Wrong item — you received something materially different from the listing (wrong garment, wrong size, wrong colour, wrong fabric).
  • Not as described — colour, fabric composition, weight or measurements are meaningfully off spec.
  • Never arrived — the courier tracking has been static for 10 or more business days or the parcel is confirmed lost.
  • Poor workmanship — for custom orders, finish falls below industry-standard tailoring (loose seams, uneven hems, unfinished edges).
  • Cooling-off (ready-made only) — you changed your mind within 7 business days of delivery AND the conditions in §3 are satisfied.
  • Other — anything else; SAFM assesses case by case with reference to CPA principles.
05

How to request a refund

  • Open the order page under My Orders (or /my-orders).
  • Tap “Open dispute”, choose a reason, and describe the issue in at least 5 characters (50+ for defect claims). Attach photographs where relevant.
  • The moment a dispute is opened, all remaining escrow funds are FROZEN. The Seller is notified and asked to respond in the order chat within 48 hours (Seller right of reply).
  • SA Fashion Mall administrators review evidence from both sides within 2 business days. Outcomes: full refund, partial refund (with written reasoning), release to the Seller (dispute unsuccessful), or a negotiated settlement between the parties.
  • Where a refund is ordered, we reverse the transaction through our secure third-party payment processor to the original payment method. Card refunds settle in 3–10 business days; EFT refunds in 2–5 business days.
Time limits
You have 7 calendar days from delivery to open a dispute before SA Fashion Mall releases the funds to the Seller. If you need more time, open the dispute early — it can always be closed if you’re happy.
06

Return shipping

  • Defective, damaged or wrong items — the Seller bears return shipping. Use a tracked and insured courier service with signature-on-delivery.
  • Cooling-off returns — the Buyer bears return shipping. Same tracked-and-insured, signature-on-delivery requirement.
  • Custom orders — return arrangements are negotiated in the dispute thread; if remediation is possible (alteration, repair), the Seller typically arranges pickup.
  • Every return must be tracked, insured for its declared value, and returned in the item’s original condition where possible. Untracked returns are at the sender’s risk and may not sustain a refund claim if lost in transit.
07

B2B / wholesale fabric orders — cooling-off excluded

The ECTA s44 cooling-off right protects natural-person consumers transacting outside their trade. Businesses purchasing fabric stock through wholesale / Factory Cut B2B are not natural-person consumers and do not have the s44 cooling-off right on those orders. Statutory defect, non-conformity and non-delivery remedies remain available. The full B2B position is set out in the B2B Fabric & Wholesale Terms.

08

Custom orders (made-to-measure)

Because Custom Garments are manufactured to individual body measurements and fabrics are cut to specified lengths, these items constitute goods made to the Buyer's specifications. In accordance with section 42(2)(f)(i) of the Electronic Communications and Transactions Act 25 of 2002, such transactions are exempt from the 7-day cooling-off right in section 44 of that Act. This does not affect a Buyer's rights in respect of defective goods under the Consumer Protection Act 68 of 2008. Specifically, the following CPA remedies remain available to the Buyer:

  • Defective workmanship — full remedy (repair, alteration, or refund) at no cost to the Buyer.
  • Non-conformity with agreed measurements — if the fit is meaningfully outside a reasonable tolerance for the measurements the Buyer supplied and confirmed, alteration or refund is available.
  • Non-delivery or unreasonable delay — full refund of quote and any released materials advance.
  • Materials advance disputes — opening a dispute after an advance release freezes the advance until admin resolution. If refund is ordered, the tailor is required to return the materials or the advance amount.
09

Non-refundable items

  • Change-of-mind returns on custom-made garments (per ECTA s42(2)(f)(i)) — quality and defect remedies still apply.
  • Items showing signs of use, wear or laundering beyond that reasonable to inspect them (cooling-off only; statutory defect remedies unaffected).
  • Fabric that has been cut, laundered or altered by the Buyer.
  • Original outbound shipping fee on cooling-off returns (Seller keeps the outbound shipping fee — the goods were already dispatched).
  • B2B / wholesale fabric orders under ECTA s44 (see §7).
10

Fair use of disputes

Disputes on SA Fashion Mall are evidence-based and both parties are heard. SAFM decides on the merits, applying the CPA framework, the parties’ own agreement recorded in the listing and order chat, and the photographic / delivery / measurement evidence submitted. Neither Buyers nor Sellers are favoured by default (see the Platform role & dispute review clause in the Terms & Conditions §8).

False or bad-faith claims — for example, garments worn to an event and then returned as “defective”, buyer-caused damage claimed as manufacturer defect, or disputes filed after independent alteration or laundering — are dismissed on the evidence. Where an account shows a repeated pattern of cooling-off returns or disputes, SA Fashion Mall may, acting reasonably:

  • Require additional evidence to substantiate further change-of-mind or cooling-off return requests.
  • Decline further change-of-mind / cooling-off returns from that account.
  • Restrict or suspend the account where the conduct amounts to dispute abuse, and report the conduct to the payment processor and, where warranted, to law-enforcement.
Statutory defect claims are always heard
This fair-use clause governs change-of-mind cooling-off returns and dispute-abuse conduct only. It does not and cannot restrict a Buyer’s statutory rights against the Seller in respect of defective, unsafe, non-conforming or non-delivered goods under CPA sections 55–56. Every genuine defect claim, supported by evidence, is reviewed on the merits regardless of the account’s prior history.

See also §11 (chargebacks / “friendly fraud”) below.

11

Chargebacks

We strongly prefer that Buyers open a dispute on the Platform rather than initiate a chargeback with their bank. The Platform dispute path is faster, keeps evidence in one place, and does not blacklist the Buyer with the payment processor. Fraudulent chargebacks (“friendly fraud” — disputes filed with the bank after delivery is confirmed to obtain a refund) are defended by SAFM on the Seller’s behalf, may be reported to the payment processor and law-enforcement, and may result in account restriction under §10 (Fair use of disputes).

12

Escalation

If you’re unhappy with SAFM’s dispute outcome, you may:

  • Escalate through the Support Ticket System — tickets are reviewed by a senior team member within 3 business days.
  • Lodge a complaint with the National Consumer Commission (NCC) — https://www.thencc.gov.za.
  • Refer the matter to the Consumer Goods and Services Ombud (CGSO) — https://www.cgso.org.za — for independent alternative dispute resolution.
  • Institute action in the Small Claims Court (up to R20,000) or the Magistrate's Court.
13

Related policies

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