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Offices

South Africa

80 Strand St
8001, Cape Town
+27 71 736 4601
hi@therainbowmafia.co

Terms & Conditions

1. General

1.1 For purposes of these General Terms and Conditions and elsewhere on the website, “The Rainbow Mafia” means Rick Bronkhorst SP. The Rainbow Mafia’s head office is located at 3 Aiken Cl, Retreat, Cape Town, 7965, South Africa.

2. Application

2.1 These General Terms and Conditions will apply to any and all agreements and legal relations pursuant to which The Rainbow Mafia acts as supplier of items.

3. Product specifications; pricing; typographical errors

3.1 The Rainbow Mafia will not be required to execute an order or compensate a buyer for any loss if The Rainbow Mafia made an error when presenting the item, formulating its characteristics or specifications, or stating its price, and

  1. i) it should have been clear to the buyer that such involved a printing or clerical error; or ii) if the buyer should not, under the circumstances, have reasonably relied on The Rainbow Mafia delivering quoted item, with stated characteristics, at this price.
4. Prices

4.1 Products sold by The Rainbow Mafia are billed in Rands (ZAR) and include VAT.

5. Market

5.1 Items are currently delivered to buyers in the Republic of South Africa. Purchase agreements are concluded with natural persons not acting in the course of a profession or business only. Therefore any VAT charged will not at any time be refunded.

6. Costs of Delivering the Items

6.1 All prices of the items posted on the website are exclusive of delivery costs.

6.2 Delivery costs will be stated separately when settling the order and may vary daily and for each order.

7. Delivery and Delivery Period

7.1 The Rainbow Mafia shall endeavour to supply the items ordered to the delivery address within 5 – 10  working days (excludes weekends and public holidays) of the order confirmation and the required receipt of payment, unless otherwise stated. Prior to delivering an order, the customer may be contacted to verify the correctness of the order. This may cause some delay in delivery. When registering, customers must state a valid telephone number on which they can be reached during the day (such as their number at work or a mobile phone number), so that the delay, if any, will be as short as possible.

7.2 The Rainbow Mafia shall arrange delivery by post or dispatch orders in any other way, at The Rainbow Mafia’s sole discretion. Orders will not be sent to a PO Box address. Note that a signature will be required for receipt of all residential deliveries.

7.3 The Rainbow Mafia may dispatch the delivery in parts, however, any extra costs for such additional deliveries will be borne by The Rainbow Mafia unless otherwise stated.

7.4 The Rainbow Mafia uses third-party couriers to deliver goods. A valid proof of delivery or courier run-sheet will be conclusive proof that the parcel was delivered to the address provided on the order. It is the customer’s responsibility to ensure the accuracy of the delivery address.

7.5 Addresses may be amended on a customer’s My Account page. In the event that no amendment is possible from this page, the goods may already be in transit and an address change may not be possible. Address changes after goods have already been processed may incur additional shipping charges.

7.6 The onus is on the Customer to inform The Rainbow Mafia if an order or part of an order is undelivered within 30 calendar days from the date of sale. The Rainbow Mafia will not entertain any claim for undelivered items outside of 30 calendar days from the date of sale where a valid dispatch reflects against the order.

7.7 The Rainbow Mafia cannot be held responsible for consequences arising from a delayed delivery due to circumstances out of the company’s control.

7.8 Where a person has given permission to have something delivered/collected to/from a 3rd party location such as a reception area or security annexe, this delivery/collection will be deemed to have been fulfilled where said package has been signed for.

8. Stock Availability

8.1 Stock on offer is limited. The Rainbow Mafia shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, The Rainbow Mafia shall only be liable to refund monies where it is unable to fulfill orders at advertised prices.

8.2 The Rainbow Mafia shall endeavour to fulfil a customer’s order to the best of their abilities. However, circumstances outside of The Rainbow Mafia’s control may arise where a customer’s order may not be fulfilled e.g. damaged stock or stock unavailability from The Rainbow Mafia’s supplier. In cases like these, The Rainbow Mafia shall only be liable to refund the customer’s monies paid.

9. Payment & Refunds

9.1 Payment is accepted via credit card (Visa, Mastercard or American Express) and direct EFT transfer. Online credit card transactions will be acquired for The Rainbow Mafia via Peach Payments. Peach Payments, use the strictest form of encryption and no credit card details are stored on their websites. Users may go to their website (www.peachpayments.com) to view their security certificates and security policies. Customer details will be stored by The Rainbow Mafia separately from card details which are entered by the client on Peach Payments’, secure site. The Rainbow Mafia takes all reasonable steps to scrutinise all transactions to prevent attempted fraud and a transaction may be refused if The Rainbow Mafia is not satisfied with its legitimacy.

9.2 EFT payments need to be made to one of The Rainbow Mafia’s nominated bank accounts. The beneficiary reference (the reference that is going to reflect on The Rainbow Mafia’s bank account) needs to be the customer order number. Proof of payments need to be sent to hi@therainbowmafia.co in PDF format within 2 hours of the order being placed. Failure to send a proof of payment in time may lead to the order being cancelled, in which case The Rainbow Mafia will only be liable to refund any monies paid.

9.3 No forex or international EFT-payments will be accepted. Any costs involved with the acceptance or refusal of forex payments will be for the account of the customer.

9.4 Refunds will be processed in the form of store credit, a “wallet”, which can be used towards future purchases on The Rainbow Mafia. A customer may elect to receive a refund in lieu of store credit by means of an EFT, card reversal. EFT payments may only be reversed by means of an EFT transfer. Where a customer provides The Rainbow Mafia with the incorrect account information, and a refund is successfully processed to the provided details, The Rainbow Mafia will not be held responsible for any further refunds. Card reversals may take up to 14 business days to reflect. A valid proof of refund by The Rainbow Mafia’s card processing partner shall be conclusive proof that a card reversal has been processed. Should a refund not reflect, the customer will have to approach their card issuing institution to investigate the matter.

10. Agreements of Sale

10.1 Placing an item in a shopping basket, or adding it to a wish list without completing the purchase cycle, does not constitute an agreement of sale between The Rainbow Mafia and the purchaser. Users cannot hold The Rainbow Mafia liable if such items are not available when the purchase cycle is completed; and The Rainbow Mafia may remove such an item from the shopping basket if no stock is available. An agreement of sale between The Rainbow Mafia and a user only comes into effect if and when payment is received and the order is confirmed and processed by The Rainbow Mafia during normal business hours (9am – 5pm). The Rainbow Mafia reserves the right to refuse to accept and/or execute an order without giving any reasons. The Rainbow Mafia also reserves the right to in its sole discretion cancel orders in whole or in part as circumstances dictate, in which event The Rainbow Mafia shall only be liable to refund monies already paid by the user.

10.2 A customer is entitled to cancel their order, provided that it has not yet been processed. If it has been processed, our Returns policy will apply.

11. Returns Policy

The Rainbow Mafia will only accept returns in accordance with this policy, the Consumer Protection Act 68 of 2008, the Electronic Communications & Transactions Act 25 of 2002 and any other applicable law. Our returns policy needs to be read with section 12, our standard warranty policy as well as our returns page on the website. See section 9 for more info about refunds.

11.1 Items may only be returned if they are faulty, damaged on arrival, incorrectly delivered or where the customer changes their mind within the parameters set out below and as set out in the Consumer Protection Act 68 of 2008.

11.2 Once a customer informs The Rainbow Mafia of a return, it is the customer’s responsibility to ensure that the item is returned within 10 days after first contact was received.

11.3 All returns need to be in original packaging, with all original accessories, parts and documentation unless otherwise agreed upon. The customer is responsible for packaging the return so as to avoid being damaged in transit.

11.4 No items may be returned without prior written authorisation from The Rainbow Mafia. The Rainbow Mafia will not be liable for any items lost in transit to The Rainbow Mafia or items incorrectly handed over to couriers not instructed by The Rainbow Mafia where no prior written authorisation has occurred. The customer will be liable for courier charges of return items incorrectly handed over. The Rainbow Mafia will issue a returns form or returns authorisation number once the return has been authorised, which needs to accompany the return. The absence of this form or returns authorisation number may lead to a return not being processed, for which The Rainbow Mafia will not be held liable.

Faulty and/or Damaged on Arrival Items

11.5 Faulty and damaged on arrival items will be dealt with in accordance with sections 55 and 56 of the Consumer Protection Act 68 of 2008.

(i) In the case of damaged on arrival items, the customer needs to notify The Rainbow Mafia of any breakages, missing or damaged parts and accessories within 3 days of the receipt of the goods. The Rainbow Mafia may ask for images of the goods and packaging, highlighting the extent of the damage. The Rainbow Mafia will not entertain any claims of breakages, missing or damaged parts and accessories if this notification is not received within 3 days of the goods being delivered.

(ii) (a) Faulty items may be returned within the warranty period. If a warranty period is not indicated on the deal, a 6-month standard warranty will apply. The customer can request that faulty items are repaired or replaced provided a repair is possible or a replacement is available, alternatively request a refund of the price paid for the items. Where a repair or replacement is not possible, the customer will be refunded or credited the price paid for the items.

(b) The Rainbow Mafia will cover the freight and insurance cost of a faulty item under warranty. Should our suppliers assess the item and find it to not be faulty or to be user damage, the customer may be liable for the return cost.

(c) A faulty item is a defective item with any material imperfection in the manufacture of a product or any characteristic of a product that makes the product less acceptable than one would reasonably be entitled to expect in the circumstances.

(d) The following does not constitute a defect, and will not be eligible for a refund, replacement or repair:

  • faults resulting from normal wear and tear;
  • damage arising from negligence, user abuse and misuse, or incorrect usage of the product;
  • damage arising from electrical surges or sea air corrosion;
  • damage arising from a failure to adequately care for the product;
  • damage arising from unauthorised alterations to the product;
  • where the specifications of a product, although accurately described on the website and generally fit for its intended purpose, do not suit the customer;
  • in relation to Unboxed Deals, signs of handling and/or repackaging.

(e) Products requiring installation before use are to be installed by certified installers as prescribed by the product manufacturer. Failure to do so will void the implied and supplier-specific warranties. 

Products requiring uninstallation before any fault assessment are to be removed by certified uninstallers as prescribed by the manufacturer. Any fault resulting from the uninstallation of said product by uncertified uninstallers will no longer be covered by the implied or supplier-specific warranty. The Rainbow Mafia or its suppliers will not be held responsible for any fees incurred for the uninstallation of a faulty item unless otherwise specified.

(f) In assessing whether an item is defective or not, The Rainbow Mafia may rely on their suppliers or independent assessment centres for feedback. In these cases, The Rainbow Mafia’s supplier feedback will be final.

Unwanted Items

11.6 A customer is allowed to return an item within 7 days of receipt of the item if it is not faulty, subject to the following conditions:

  1. i) The customer writes into The Rainbow Mafia within 7 daysof receipt of the item. Requests for returns outside of the 7-day window may not be entertained unless it is faulty in terms of section 11.5, subject to those provisions.
  2. ii) The item must be in a re-sellable condition, in original packaging and include all original accessories, parts and documentation. The Rainbow Mafia will inspect the item on return and if it is not in a re-sellable condition, dispatch it back to the customer.

iii) Certain items may not be returned once opened. This includes (but is not limited to): Swimwear, underwear, lingerie, bodysuits, beauty and cosmetic items and devices, fragrances, linen, bedding, towels, DVD’s, CD’s, games, software, foodstuffs, supplements, adult toys and accessories, animal feed, cleaning products, medical equipment, personal protective equipment, certain jewellery items, earphones and electronics

  1. iv) Certain redemption vouchers may not be refunded once it has been issued to the customer via email.
  2. v) Returns may be arranged on a customer’s behalf, or a customer may courier their goods back to The Rainbow Mafia’s distribution centres under certain circumstances at their own cost. A customer may also drop off their return at The Rainbow Mafia’s distribution centre, subject to prior approval.
  3. vi) Returns under section 11.6 will be at the Customer’s cost. This cost will be offset against any refund or credit owed to the customer after an item has been returned.

vii) Returns on items dispatched directly from suppliers will be subject to a returns fee as prescribed by the supplier.

viii) The Rainbow Mafia may arrange a third-party courier to collect these goods. The customer needs to be available during a pre-arranged slot to hand the goods to the courier. The goods need to be handed over to the correct courier and The Rainbow Mafia will not be liable for goods handed to the incorrect courier. The Rainbow Mafia will attempt two collections from the customer. No further collections will be attempted after two collections if the collection fails due to the customer (e.g. not available), and the customer will then have to arrange a return with their own courier at their own cost.

  1. ix) Returns under section 11.6 will forfeit the initial delivery fee, which will not be refunded or credited once an item has been returned.
Incorrectly Received Items

11.7 Returns on incorrectly received items will be accepted subject to the following conditions.

  1. i) The customer needs to notify The Rainbow Mafia of any incorrectly received goods within 3 days of the receipt of the goods. The Rainbow Mafia may ask for images of the goods and packaging. The Rainbow Mafia will not entertain any claims of incorrectly delivered goods if this notification is not received within 3 days of the goods being delivered.
  2. ii) The item must be in a re-sellable condition, in original packaging and include all original accessories, parts and documentation. The Rainbow Mafia will inspect the item on return and if it is not in a re-sellable condition, dispatch it back to the customer.

iii) The return of the item will be at The Rainbow Mafia’s cost. The Rainbow Mafia may arrange a third-party courier to collect these goods. The customer needs to be available during a pre-arranged slot to hand the goods to the courier. The goods need to be handed over to the correct courier and The Rainbow Mafia will not be liable for goods handed to the incorrect courier. The Rainbow Mafia will attempt two collections from the customer. No further collections will be attempted after two collections if the collection fails due to the customer (e.g. not available), and the customer will then have to arrange a return with their own courier at their own cost.

  1. iv) Returns may be arranged on a customer’s behalf, or a customer may courier their goods back to The Rainbow Mafia’s distribution centres under certain circumstances. A customer may also drop off their return at The Rainbow Mafia’s distribution centre, subject to prior approval.
Mobile and other Electronic Devices

11.8 Customers are solely responsible for backing up any data on mobile and other devices. The Rainbow Mafia or its suppliers will not be held responsible for any data lost as a result of a faulty device.

12. Standard Warranty Policy

The Rainbow Mafia’s standard warranty policy should be read with section 11, our returns policy.

12.1 The Rainbow Mafia provides a 6-month warranty on all products sold on its website against defects or poor quality from the date of delivery. Where products are not subject to an extended supplier warranty, we cannot facilitate any returns outside of this 6-month period. Some consumable goods may not be subject to this warranty due to expiry dates.

12.2 Where a product has a supplier’s warranty that extends beyond the 6-month Standard Warranty, such product can be returned within the extended supplier warranty period after delivery of the product. Please note that any extended supplier warranty is subject to the terms and conditions of the supplier or manufacturer. These are usually stated in a brochure or leaflet inside or on the product packaging, and may include the online registration of an extended warranty. It is the customer’s responsibility to make themselves aware of any such terms and conditions.

12.3 Parallel/Grey Imports – Any products indicated to be parallel/grey imports have been imported without the approval, or license of the registered owner of the trademark and therefore no guarantee or warranty in respect of such goods will be honoured or fulfilled by any official or licensed importer of such goods. Any warranty claims on such products will be covered by The Rainbow Mafia or the relevant third-party seller for the warranty period indicated for any specific product, alternatively where no such warranty period has been indicated, for a period of 6 months from the date of receipt.

13. Marketing and Special Promotions:

13.1 Every effort is made to feature all products shown on any sales promotional material. However, should a specific product become unavailable for any reason, The Rainbow Mafia reserves the right to use that product image for all promotional elements without the guarantee of selling that product on the day.

13.2 For all Marketing competitions and Promotions The Rainbow Mafia reserves the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be posted on the website as soon as possible.

14. Applicable Law

14.1 This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.

15. Restrictions on Sales

15.1 Alcohol & Tobacco products: Alcohol and tobacco products are not sold to persons under the age of eighteen years.

15.2 DVD’s and Videos: The onus is on the purchaser to ensure that age restrictions on above products are observed. Most of the DVDs available for purchase on The Rainbow Mafia are encoded for use in region 2 or are encoded for multiple zones. DVD’s encoded for other zones will be indicated as such. Please note that it is your responsibility to ensure that you purchase DVD’s of the correct zone.

16. Personal Data

16.1 The Rainbow Mafia respects your privacy and is committed to the protection of the personal information of Users in compliance with the Promotion of Access to Information Act 2 of 2000 (“PAIA”) and the Protection of Personal Information Act 4 of 2013 (“POPIA”).

16.2 The Rainbow Mafia will use, store and process the data provided by Users in accordance with our Privacy Policy which can be viewed here.

17. Changes To Agreement

17.1 The Rainbow Mafia may, at its sole discretion, change this agreement or any part thereof at any time without notice.

18. Intellectual Property Rights

18.1 All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to The Rainbow Mafia and as such are protected from infringement by local and international legislation and treaties.

19. Domicilium

19.1 The Rainbow Mafia chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature 3 Aiken Cl, Retreat, Cape Town, 7965, South Africa.

Get In Touch

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80 Strand St. #112,

Cape Town, RSA 8001

+27 71 736 4601