Est. 2015 · Prosperity
1.1 This policy explains when you may return physical goods purchased from us, when you may cancel an event or seminar booking, and how refunds are handled.
1.2 It applies to books, printed material and other physical goods sold by Prosperity Enterprises, and to tickets or seats booked for seminars, investors evenings and similar events, whether purchased directly from us or through a disclosed ticketing partner.
1.3 It does not govern separate professional services such as consultations, trust structuring, trust administration, accounting, property practitioner services, bond origination referrals or conveyancing referrals. Those services are governed by the applicable quotation, engagement letter, service level agreement or other written agreement, together with applicable law.
1.4 In this policy, “Prosperity Enterprises”, “we”, “us” and “our” have the same meaning as in clause 1 of our Website Terms and Conditions. The company identified on your invoice, booking confirmation or order confirmation is the contracting entity for the relevant transaction.
1.5 This policy must be read together with our Website Terms and Conditions. If there is a conflict, applicable South African law prevails, and any non-excludable consumer right remains unaffected.
2.1 South African law does not give the same cancellation or return right for every purchase. Your rights depend on what you bought, how the transaction was concluded and the reason for the return or cancellation.
2.2 Nothing in this policy limits any right or remedy that cannot lawfully be excluded under the CPA, ECTA or another applicable law.
3.1 Section 44 of ECTA applies only to qualifying electronic transactions. Where it applies, a consumer may cancel without reason or penalty within seven days after receiving goods, or within seven days after concluding an agreement for services, subject to the exclusions in ECTA.
3.2 Where a valid ECTA section 44 cancellation is made, we will refund the amount required by law within 30 days after the cancellation. The consumer may be responsible for the direct cost of returning goods where ECTA permits this.
3.3 The ECTA seven-day cooling-off right does not apply to every online sale. In particular, section 42 excludes the sale of books and excludes accommodation, transport, catering or leisure services where the supplier undertakes to provide the service on a specific date or during a specific period. Where a particular Prosperity Enterprises event is properly characterised as a leisure service supplied on a specified date or during a specified period, that exclusion applies. If an event does not fall within the statutory exclusion, the ECTA position must be determined from the circumstances of that transaction.
3.4 Other ECTA exclusions may apply to particular products or services, including certain personalised or made-to-order goods and certain digital, audio, video or software products. [TO CONFIRM: WHETHER PROSPERITY SELLS PERSONALISED, MADE-TO-ORDER OR DIGITAL PRODUCTS THAT REQUIRE PRODUCT-SPECIFIC WORDING].
3.5 An exclusion from the ECTA cooling-off right does not remove any separate right a consumer may have under the CPA, including rights relating to defective goods, direct marketing or advance bookings.
4.1 If goods fail to meet the standards contemplated in sections 55 and 56 of the CPA, a qualifying consumer may, within six months after delivery and without penalty, return the goods at the supplier’s risk and expense and direct the supplier to repair or replace the goods, or refund the price paid, as provided by the CPA.
4.2 If goods are returned because they are defective, unsafe or otherwise fail the statutory quality standards, we will not impose an arbitrary handling or restocking charge. Any assessment of the goods will be conducted only to determine the nature and cause of the reported problem and the remedy required by law.
4.3 If an item arrives visibly damaged in transit, please notify us as soon as reasonably possible and, if practical, provide photographs of the damage and packaging. Prompt notice helps us deal with the courier, but failure to notify us within a short voluntary reporting period does not by itself remove a statutory right that you otherwise have.
4.4 If the wrong goods are delivered, if goods are mixed with goods of a different description, or if you did not have a reasonable opportunity to examine the goods before delivery and they do not conform to what was agreed, the return rights in sections 19 and 20 of the CPA may apply.
4.5 Where you specifically told us the particular purpose for which goods were required and relied on our skill or judgment, section 20 of the CPA may permit a return where the goods are unsuitable for that purpose within 10 business days after delivery, subject to the Act.
4.6 The statutory defect warranty does not cover damage caused after delivery by misuse, abuse, accident, unauthorised alteration or failure to follow reasonable product instructions. A consumer also cannot rely on a defect that was specifically disclosed before purchase and expressly accepted, to the extent permitted by the CPA.
5.1 There is no general South African statutory right to return every product merely because you changed your mind. A change-of-mind return will be accepted where a statutory cooling-off or return right applies, or where we have expressly offered an additional voluntary return right for that product.
5.2[TO CONFIRM: WHETHER PROSPERITY WISHES TO OFFER A VOLUNTARY / GOODWILL RETURN PERIOD FOR UNOPENED PHYSICAL GOODS, AND IF SO THE PERIOD AND WHETHER THE REMEDY IS A REFUND OR CREDIT].
5.3 If a voluntary change-of-mind return is offered, the applicable product page or this policy will state who bears the return-delivery cost. Nothing in a voluntary policy reduces the supplier’s obligation to bear costs where the law requires us to do so.
6.1 Where paid event tickets are sold through Quicket or another disclosed ticketing partner, that partner’s transaction and payment procedures also apply to the extent that they do not conflict with applicable law or our Website Terms and Conditions.
6.2 ECTA specifically excludes qualifying leisure services that are to be supplied on a specified date or during a specified period. Where a Prosperity Enterprises event falls within that category, the ECTA section 44 cooling-off right does not apply. Where it does not, any ECTA right must be assessed under the Act. In either case, the consumer’s advance-booking rights under section 17 of the CPA remain relevant.
6.3 You may cancel an advance booking subject to any reasonable cancellation charge permitted by section 17 of the CPA. We will determine any charge fairly with regard to the nature of the event, the length of notice you give us, our reasonable ability to fill the cancelled place, and general practice in the relevant industry. We will not impose a cancellation charge that operates as an unlawful penalty.
6.4 We will not impose a cancellation fee under section 17 where the person for whom the booking was made is unable to honour the booking because of that person’s death or hospitalisation. We may request reasonable supporting information where necessary to process the request.
6.5 If you do not attend and have not cancelled before the event, we may retain an amount up to the reasonable cancellation charge permitted by the CPA. Depending on the circumstances, including whether the place could reasonably have been resold, that charge may be substantial. This clause does not apply where the CPA prohibits a cancellation fee.
6.6 If we cancel an event, you will be entitled to a refund of the amount paid for the affected booking or, if you agree, an alternative equivalent booking.
6.7 If an event is postponed or materially changed, we will notify affected attendees as soon as reasonably practicable. If the new date or a material change does not suit you, you may request a refund subject to applicable law and any lawful ticketing-partner process.
6.8 Except where applicable law requires otherwise, we are not responsible for separate travel, accommodation or other third-party costs incurred in connection with an event that is cancelled, postponed, relocated or materially changed.
7.1 To request a return, cancellation or refund, contact info@prosperityenterprises.co.za and provide your order or booking number, your contact details and enough information for us to identify the transaction and understand the request.
7.2 Where reasonably practicable, please contact us before sending goods back so that we can give you the correct return instructions and, where we are responsible for the return cost, arrange collection or an appropriate return method. This request does not prevent you from exercising a statutory right in the manner allowed by law.
7.3 Returns should be sent or delivered only at the address we confirm for that return.
Block B, Infinity Business Park, Corner Winnie Mandela Drive and Pieter Wenning Road, Fourways, Johannesburg.
7.4 Please keep proof of posting, courier collection or other return documentation until the matter has been finalised.
8.1 Approved refunds will ordinarily be made using the original payment method unless another lawful arrangement is agreed with you.
8.2 We will process refunds as soon as reasonably practicable and within any period prescribed by applicable law. Where ECTA section 44 applies, the statutory refund period is 30 days. Where a qualifying transaction is rescinded under the CPA direct-marketing cooling-off provision, section 16 requires the supplier to return payment within 15 business days after receiving the rescission notice if no goods were delivered, or within 15 business days after receiving the returned goods if goods were delivered.
8.3 Where payment or a ticket was processed through Quicket, PayFast or another payment provider, the refund may need to be processed through that provider. Once we or the provider have released the refund, the time taken for it to reflect may depend on the relevant bank or payment network.
8.4 Where applicable law requires us to bear the cost of returning defective, incorrect or otherwise lawfully returnable goods, we will do so. Any original delivery charge will be dealt with in accordance with the remedy required by law and the circumstances of the return.
8.5 We do not impose arbitrary handling or restocking fees on statutory returns. Where section 20 of the CPA lawfully permits a reasonable deduction for use, consumption, repackaging or restoration in a particular case, any deduction will be limited to what that section permits.
9.1 A statutory right cannot be removed merely by labelling an item “non-returnable” or “non-refundable”. Any exclusion in this policy applies only to the extent permitted by law.
9.2 The ECTA cooling-off right may be excluded for categories specifically listed in section 42 of ECTA, including books, certain personalised goods and specified-date leisure services. These ECTA exclusions do not remove separate CPA rights in respect of defective or unsafe goods.
9.3 We may decline a return or refund where the law does not require one and the goods were damaged after delivery through misuse, abuse, accident or unauthorised alteration, or where the request is purely a change of mind and no statutory or voluntary return right applies.
9.4 If Prosperity Enterprises sells downloadable products, e-books, recorded courses, personalised items or other categories requiring product-specific return terms, the applicable product page or checkout terms will identify the lawful limitations before purchase. [TO CONFIRM: DIGITAL / PERSONALISED PRODUCT RANGE].
10.1 If you disagree with a return, cancellation or refund decision, please contact us first at info@prosperityenterprises.co.za and provide enough information for us to review the matter.
10.2 We aim to acknowledge a complaint within 2 working days and to provide a substantive response within 10 working days, or to advise you within that period if a complex matter reasonably requires more time.
10.3 Where applicable, an unresolved consumer matter may be referred to the National Consumer Commission, the Consumer Goods and Services Ombud or another competent statutory or industry body. Using our internal complaints process does not remove any right to approach a court or other competent forum.
11.1 Prosperity Enterprises
Block B, Infinity Business Park
Corner Winnie Mandela Drive and Pieter Wenning Road
Fourways, Johannesburg, South Africa
11.2 Returns and cancellations: info@prosperityenterprises.co.za
General customer enquiries: info@prosperityenterprises.co.za
Telephone: 010 285 0549
