1. Sphere of application

This website under the URL https://www.tumi.co.za and the affiliated services (e.g. service, app) (together „Website“) is operated by Samsonite Southern Africa (Pty) Ltd („Tumi“ or „we“). These terms and conditions (“T&Cs”) shall apply for all orders made and services offered via our Website.

2. Close of Agreement

2.1. The Tumi Website only includes a shop window. By presenting our products on our Website we only would like to invite you to make an offer (order). You will make an offer for enter into an agreement to buy a product by clicking on the button on iether “Proceed to Payment” or “Place Order” at the end of the order process. Tumi will then confirm the receipt of your order by email. This email does not constitute an acceptance of your offer.

2.2. The sale agreement will not be entered into until we confirm your order by email or send the goods to you within 14 days after receipt of your order.

2.3. Four steps are required to make an order on our Website: (1) you choose the product you would like to buy (2) you will need to fill in your customer data including your address for sending the invoice and if need be a different delivery address. If you have already subscribed for our service, your data will pop-up if you logged into your account. (3) you decide how you would like to pay. (4) you may check all data (e.g. name, address, payment method, order products) and to change those before you send your order to us by clicking on “Proceed to Payment” or “Place Order”. If there is any incorrect or there is any missing information our Website will highlight this for you.

2.4. Our Website is designed for customers over the age of 18. Children aged 14 to 18 years old can provide the data and make orders with the prior agreement of their legal guardians. Children aged under 14 shall not use this Website.

3. Country of dispatch and shipping costs

3.1. The product prices listed on our Website exclude the cost of delivery. The standard delivery within South Africa is free of charge. For express delivery the costs as listed will apply.

4. Right of withdrawal for consumers and Tumis’ free returns policy

If you are a consumer within the meaning of the the South African Civil Code, the law allows you to withdraw from the agreement to purchase goods within 14 days from the date of your order. Further information in that respect can be accessed here. Please also note our free returns policy to take back products within 30 days. More information can be accessed via the link “Returns” on our Website.

5. Subscribing for the Website

5.1. On our Website, you may set up a customer account or make your order as a guest. As a guest, your order data will be blocked after completing your order and only be used for clarifying warranty claims or used for other legal purposes.

5.2. Setting up a customer account on our Website is free of charge. To subscribe you will need to provide us with your title, your first and family name, an email address as well as a password. Once you have an account you can access the following areas:

    • My profile

Here you can store your personal data (name, address) as well as data about your payment method and credit or debit cards as well as store delivery addresses. By clicking the link “Newsletter settings” you can personalise your newsletter.

    • Bought and stored articles

In this area, your orders will be stored for one year. Further, you can store your ‘wish list’ for products that you are interested in but did not buy yetso you can find them easily next time you visit.

    • Tumi Tracer®

If you register with the Tumi Tracer Program®, your registered products will be stored here. With the program Tumi Tracer®, you may register any products purchased by you. You only need to provide us with the 20-digit register code of the product and you need to have an account on our Web Site. Once you have registered, if your product is lost we may be able to identify you as buyer and return the product to you by using the 20-digit registration code.

    • Repairs

If you instruct us to repair one of your products your product will be listed in this area and you will be kept posted on the current status of your order.

    • Personalization

Here you may design your personal monogram which will then be attached by us to the products you ordered.

    • Recommendations

Here we show you some current offers of our Website which may be of interest for you. Tumi reserves the right to change or terminate any or all areas available via your customer account.

5.3. Please update your data in your account if information changes. Please note that changing a delivery address within your customer account after placing an order will not be taken into account by Tumi. If you wish to change your delivery address after you have placed an order please contact us by phone as soon as possible. We cannot guarantee that we will be able to change the delivery address.

5.4. You can terminate your account with Tumi at any time. Tumi may terminate your account for any reason with 4 weeks prior notice. The right of each party to terminate the agreement for cause shall remain unaffected.

6. Products, Content and Specifications

6.1. All features, content, specifications, products and prices of products and services described or depicted on this Website, except those of your sent order, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and minor changes are possible. Tumi makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, national and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website.

6.2. We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or age of any information on this Website. In addition, we may make order changes in information about price and availability without notice except during an on-going order.

6.3. The design of this Website and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The software, other technology components and contents of this Website are © 2019 of Tumi Ecommerce and its respective affiliates and suppliers. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Website in any way or reproduce or public display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations or third party rights.

7. Links and content

7.1. Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rule and regulations.

7.2. From time to time, this Website may contain links to websites that are not owned, operated or controlled by Tumi, or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website.

7.3. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

8. Delivery Times

The relevant delivery time for our articles is listed on the specific Website for this article. If the article is not in stock or we are not able to deliver it we will inform you before accepting your order.

9. Warranty/additional contractual guarantee

9.1. The legal provisions on warranty as provided for by South African law shall apply. Any damages based on normal wear and tear, misuse or wrong or missing care are excluded. If you are a businessman the period of warranty is limited to one year. Place of execution shall be the businessmen’s residence.

9.2. Please also be ware of our contractual guarantee by accessing the information in that respect under the link “guarantee” on our Website.

10. Secret lien

Any articles remain within Tumi’s property until they are paid in full.

11. Limitation on liability

11.1. Tumi shall be liable for intent or gross negligence in line with applicable law. In the event of slight negligence we shall only be liable if we are in breach of a material duty under this agreement. Material duties under this agreement shall cover any duties which need to be rendered to the other party pursuant to the agreement’s aim or which enable the proper performance of this agreement and where the other party may trust in the compliance of such obligations.

11.2. In case of slight negligence, the liability of Tumi is limited to foreseen and typical damages when entering into this agreement.

11.3. A strict liability as foreseen by law – including but not limited to the liability pursuant to the South African Act on Product Liability as well as the liability for guarantee – and the liability in case a person’s life, health or body is affected shall remain unaffected by the provisions above.

11.4. This limitation of liability shall also apply to Tumi’s staff, legal representatives and assistants. They further cover all legal claims (including but not limited to tort) and contractual claims resulting from the use of this website and from this agreement.

12. VAT

All listed prices include applicable VAT.

13. Payment conditions

Payment of ordered products can be made by credit card by Payfast or by alternative payment methods i-Pay, Zapper and direct bank transfer. We reserve the right to exclude payment methods in each individual case. Your credit card or debit card will be debited with completing your order when used. 

14. Dispute Resolution

In general, TUMI is under no obligation and not willing to participate in a dispute resolution proceeding before on arbitration board. However, TUMI will use its best efforts to solve any issues with the customer via its customer service to avoid legal measures.

15. Data Privacy

Here you can access important information on data privacy.

16. Final provisions

16.1. Within the South African the law of your residence shall apply. 

16.2. If you are a business man or a legal entity under public law or you do not have a permanent residence within South Africa, South Africa shall be place of venue.

16.3. Your order data and the applicable terms and conditions will be stored by Tumi. Your order data and the T&Cs are available to do to you via our confirmation email, your order data can also be accessed by your customer account.

16.4. This Website has been designed in English. However, please note that the content of the Website may differ depending on the Website you choose. You are also free to access one of our Websites designed for other countries.

16.5. Our customer service can be reached by phone from Monday to Friday from 10:00 to 16:00 p.m. under the phone number: 031 2660620 or by email under service_rsa@tumi.co.za