TERMS AND CONDITIONS OF USE AND SALE
TERMS & CONDITIONS
We are delighted to welcome you to the TUMI website (hereinafter referred to as the “Site”), the official online store for the brand TUMI. We ask you to take the time to read these terms and conditions carefully (hereafter ‘Terms and Conditions’). Unless stated otherwise herein, the relationship between TUMI and its Users is exclusively governed by these Terms and Conditions that are deemed read and accepted by the User. If you do not agree to these Terms and Conditions in their entirety, please do not use the Site.
From time to time, when you use particular services or purchase products on this Site, you may receive additional guidelines, rules and policies applicable to such services and products, all of which are hereby incorporated by reference and will apply to your use of the Site.
TUMI may from time to time amend the Terms and Conditions by posting such change at the Site. Use by you after such change has been posted shall constitute acceptance of such changed terms.
For the meaning of the definitions used in these Terms and Conditions, please refer to section 20.
Samsonite Southern Africa Pty Ltd is the seller of the products displayed on the Site (hereinafter ‘TUMI’ or ‘we’). Samsonite Southern Africa Pty Ltd has its registered office at Block A Surrey Park, 6 Barham Road, Westville,3630.
Samsonite Southern Africa Pty Ltd other contact details are as follows:
2. ACCURACY OF CONTENT
TUMI uses its best efforts to keep the information on the Site updated. However, it is not possible to guarantee the complete absence of errors on the Site. The information and other material published on this Site may include inaccuracies or typographical errors. The weights, dimensions and volumes of the products are approximate only. We have made reasonable efforts to ensure that product information is accurate and to display as accurately as possible the colours of our products. However, we cannot guarantee that your screen’s display will accurately reflect the colour of the product on delivery. Changes are periodically made to the information on the Site without notice to you. TUMI reserves the right to change the Site at any time, in its discretion. TUMI does not warrant that the functions contained in the Site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components. TUMI shall not be liable for the use of the Site, including, without limitation, the content and any errors contained therein.
Cabin carry-on/hand luggage restrictions: while we make efforts to ensure that items listed as cabin carry-on/hand luggage meet current airline restrictions, we cannot be held responsible if an airline applies other check-in standards or if airlines or airports change their restrictions.
The price of the products you order is the price that is displayed on the Site at the time you confirm your order and will be confirmed on the e-mail confirmation confirming receipt of your order. All prices are in RAND/ ZAR/ R, inclusive of VAT. Any products with a value under R500 will attract a delivery charge of R60.
If an error is found in the price of the products you have ordered or in the delivery charge, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or re-credit you for the sum that has been debited from your credit card for the products.
5. ONLINE ORDERING
You can place an order if you are an adult aged 18 or over. The ordering process consists of following steps:
- You add the products you want to purchase to your basket;
- You choose your delivery method;
- You enter the delivery address;
- You enter your billing address together with the payment information;
- You will be asked to accept the Terms and Conditions;
- Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order including the shipping charges.
After submitting your order we will send you an e-mail confirming receipt of your order. At that time we reserve the corresponding amount on your credit card, and we debit your card when we ship the goods. If you pay by credit card, you will receive an e-mail containing your payment status.
As soon as the goods are shipped, you will receive a notification (the “Shipping Notification E-mail”). All orders are subject to availability of the products at the time of dispatch.
TUMI retains title in the sold goods until we have received full payment of the price and shipping charges, and possible late payment interests and/or indemnities.
While TUMI is the seller, you must make payment to the bank account of Samsonite Southern Africa (Pty) Ltd, details displayed on the payment pages of the Site.
7. SALE CONTRACT
No sale contract will exist between you and TUMI until TUMI dispatches the products. All information on our Site is an invitation to treat only and is not an offer or unilateral contract. Your order represents a binding offer by you to purchase our products. The sale will only be binding once we have notified you by means of the Shipping Notification E-mail that the goods have been dispatched to you.
TUMI reserves the right to refuse an order, for any reason, wholly or partially, and in any case in the following cases:
- If the product is not available;
- If your billing information is not correct or not verifiable;
- If your order is flagged up by the security systems as an unusual order or an order susceptible of fraud;
- If your bank transfer payment/reservation is not received timely;
- If we have reason to believe you are under 18;
- If we have reason to believe you are a reseller;
- If there was an error in the price quote;
- If we could not deliver to the address provided by you;
- In the event of force majeure.
6. DELIVERY RESTRICTIONS – COUNTRY OF DELIVERY
- Care of PO Box addresses and military APO addresses are not accepted.
- We deliver from Monday till Friday, except for public holidays.
- Through our Site (tumi.co.za) the products are delivered in the South Africa.
We will use all reasonable efforts to deliver the products ordered within the timescales indicated on the individual order confirmation to the User. Such timescales are not guaranteed delivery times and should not be relied upon. Erroneously communicated addresses are the responsibility of the User and may lead to extra charges that will be recovered from the User.
All goods will be dispatched from TUMI. If your product is not delivered within the specified timescale, please contact us with your client number or order number. You may then treat the sale contract as at an end and request a full refund for the relevant products as your only remedy. You may also specify a new delivery period that is appropriate in the circumstances and require TUMI to deliver the products before the end of that period; and then, if TUMI does not deliver in that extended period you may treat the sale contract as at an end and request a full refund for the relevant products.
We only ship via a professional courier. We always require someone to sign off for delivery. You accept that a delivery is signed off for by a person other than the User, provided that such person is present at the indicated address and an adult of 18 years or over. If there is no one present at the time of delivery, you will be asked to contact our courier service to arrange an alternative delivery date.
8. DEFECTIVE PRODUCT OR WRONG DELIVERY
You must check whether your shipment is correct upon delivery. If there are discrepancies or problems with your order, please follow the returns procedure described under “Your right of retraction”, but for faulty goods or goods being returned due to our error we will also refund any cost incurred in returning the item. Subject to availability, we will send you a new Shipping Notification E-mail and we will automatically and immediately ship to you at our own costs the correct replacement product.
9. RETURN FORM
Please follow the procedure described in this clause 11 below if you are to return any products under clause 10 above or as a result of incorrect products being delivered or in any other circumstances that TUMI agrees with you for a return to be made. You may also use this process for the statutory withdrawal/cancellation mentioned in clause 12.
- Email [email protected]. We will e-mail you a return label, a return number together with the return instructions.
- Pack the item to be returned (only unused items, with authentic labels, use instructions, guarantee leaflets and other hangtags and wrappings) in its original carton to prevent damage while in transit.
- Please print the return label and tape it on your return package. The return label will comprise all required data like your name; your address and the return address; your phone number; item number and/or description of item being returned; and the return number.
- Please carefully read the return instructions and contact our express courier for pick up as indicated in the return instructions. You have to organize the pick up by our express courier as soon as possible and in any event within 14 calendar days from the date you notified us of your return request.
- In the event that you have not respected all of the return requirements, we will advise you by email to clarify why we have not been able to approve it within 14 days.
Only goods purchased online on the Site www.tumi.co.za can be returned. As for any other return, we advise you to contact the store where you have purchased the goods.
10. DISTANCE SELLING – RIGHT OF RETRACTION/CANCELLATION
You have no right of retraction/cancellation for the supply of goods made to the customer’s specifications or clearly personalized.
Right to cancel
You have the right to retract/cancel from the sale contract within 14 days without giving any reason.
The retraction/cancellation period will expire: (i) after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the products; or (ii) in the case of a sales contract relating to multiple products ordered by you in one order and delivered separately, after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last of the products.
To exercise the right of retraction/cancellation, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, or email). We will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by email) without delay.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you retract/cancel from the sale contract, we will reimburse to you all payments received from you, including the cost of delivery (except for supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling from you.
We will make the reimbursement without undue delay and not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We will collect the goods in the manner described in the return request via email, and bear the costs related thereto. You are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristic and functioning of the goods. You should not yourself send back the goods in a manner other than set forth in the email; if you may do so anyhow, you are doing so at your own cost and responsibility.
11. LIMITATION OF LIABILITY
WE USE REASONABLE COMMERCIAL EFFORTS TO KEEP THE SITE UNINTERRUPTED AND ERROR FREE. WE ALSO ENDEAVOR TO PROTECT THE SITE AGAINST COMPUTER VIRUSES AND OTHER ‘MALWARE’. TAKING INTO ACCOUNT THE NATURE OF THESE DANGERS AND THE INTERNET, IT IS YOUR RESPONSIBILITY TO TAKE THE NECESSARY PRECAUTIONS AND MEASURES TO PROTECT YOUR COMPUTER AND SYSTEM, AS YOUR USE OF THE SITE AND THE INFORMATION THEREON OCCURS EXCLUSIVELY AT YOUR OWN RISK.
WE CANNOT BE HELD RESPONSIBLE FOR THE USE OR THE INABILITY TO USE THE SITE, THE SITE’S CONTENT OR ANY LINK TO ANOTHER WEBSITE, OR THE PERFORMANCE OF THE PRODUCTS PURCHASED ON THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE RESPONSIBLE FOR (I) LOSSES THAT WERE NOT CAUSED BY ANY BREACH ON OUR PART, OR (II) ANY (BUSINESS) LOSS (INCLUDING LOSS OF PROFITS, TIME, REVENUE, DATA), OR (III) ANY INDIRECT OR CONSEQUENTIAL LOSSES THAT WERE NOT FORESEEABLE TO BOTH YOU AND US WHEN YOU COMMENCED USING THE SITE.
OUR ENTIRE LIABILITY IN CONNECTION WITH THE SALE CONTRACT WILL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS IN QUESTION.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
(a) Legal Warranty:
Consumers are entitled to the legal warranty. It covers lack of conformity of the goods at the time of the delivery. The seller undertakes to replace or repair the concerned goods (or parts) free of charge. The seller reserves the right to exchange the article if the costs for a repair are disproportionate, or if a repair is impossible. The consumer has the burden of proof to show that defects that appear after a period of 6 months following delivery were in place at the time of delivery.
(b) Commercial Warranty:
TUMI also offers an additional commercial warranty on certain products. For details of this warranty, please refer to the warranty card and/or to the Site.
13. QUESTIONS, COMPLAINTS, COMMENTS OR SERVICE CONTACT
If you have any questions, or if you have technical problems in accessing information on our Site, please contact: [email protected]
14. USE LIMITATIONS AND INTELLECTUAL PROPERTY RIGHTS
All brand names, product names and titles used on the Site are trademarks or trade names of TUMI or third party trademark or trade name holders. You are not allowed to use or reproduce any such trademarks or trade names as they may constitute an infringement of the holders’ rights. All Site design, texts, documents, movies and other services and the selection and arrangement thereof, and all other material on this Site are protected by copyright of TUMI or its suppliers. You are only allowed to electronically copy and print portions of the Site to the extent this is necessary for the purpose of placing an order, or for using the Site as a shopping resource. You are not allowed to make any other use of the information and materials on the Site, including reproduction for the purposes other than those noted above, modification, distribution, or (re)publication. Should you wish to use materials and information from this Site, you need to obtain TUMI prior written consent.
15. USE OF INFORMATION AND SUGGESTIONS BY YOU REGARDING THIS SITE
16. USE OF YOUR SUGGESTIONS TO TUMI REGARDING NEW PRODUCTS, FEATURES OR PROCESSES
(a) A submission will not in any way establish a confidential relationship nor will it place TUMI in the position of receiving a submission in trust and TUMI shall not be obligated and makes no commitment to treat or maintain as confidential such submissions.
(b) TUMI shall have the right to retain any material submitted to it, to make copies thereof and to retain the same in its files.
(c) No obligation is assumed by TUMI or may be implied by the receipt or examination of the submission unless or until a formal written agreement signed by TUMI and by you, and then TUMI’s obligations shall be only as expressed in that written agreement.
Within the scope of these terms and conditions, the terms listed hereafter shall be deemed to have the following meaning, unless explicitly mentioned otherwise:
- Terms and Conditions: these terms and conditions and all its additions or updates.
- Omniserv: Omniserv Online Solutions (Pty) Ltd, public limited liability company, incorporated under South African law, having its registered office at 8 Polela Road, Hillcrest (South Africa), Company Registry (2014/280036/07); Omniserv is responsible for the technical support of the functioning of the Site.
- User: someone who by entering the address of this Site or by following a link visits this Site and uses it for informative purposes or to place an order.
- TUMI: Samsonite Southern Africa (PTY) Ltd (Company Registry number 2008/018961/07). With respect to intellectual property rights “TUMI” means Samsonite IP Holdings Sarl, with registered office at 13-15 Avenue de la Liberté, L-1931 Luxembourg and with Company number B147735.
- Site: a collection of webpages grouped together under the address of tumi.co.za.
19. GOVERNING LAW
Any dispute regarding the validity, the interpretation and/or the execution of the Terms and Conditions is solely governed by the laws of South Africa and the South African courts, without prejudice to the right of a consumer to bring a dispute before the court that is competent on the basis of mandatory legal provisions. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If you are a consumer and have your habitual residence in the South Africa, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence. The User agrees that in the event of a dispute with respect to the use of the Site, electronic evidence (e.g. e-mails, back-ups, etc.) can be used as valid evidence.
If any of the Terms and Conditions may be declared null and void or not applicable, the other terms and conditions will remain valid and the portion declared null and void will remain applicable within the boundaries set by law.
20. ENTIRE AGREEMENT
These Terms and Conditions supersede all prior terms applied with the User.
For any questions, remarks or technical issues with respect to this Site, please contact us.
These terms and conditions were last updated on 29/06/2021.