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Returns Policy

1. GOODS

  • 1.1. Espresso Africa (Pty) Ltd trading as La Marzocco SAs (“LMSA”) supply home and commercial espresso equipment, accessory parts and merchandise. Goods, Equipment or components thereof have been collectively and individually referred to below as “Goods”.

 

2. INSTRUCTIONS AND WARRANTY

  • 2.1. Please carefully read and follow all instructions that come with LMSA Goods.
  • 2.2. LMSA warrant that all Goods are new and of good quality unless LMSA clearly describe them as used or reconditioned or as having specific defects. Please also visit the LMSA website at https://lamarzoccosa.co.za/warranty-policy for the Warranty Policy and for tips on using LMSA Goods.

 

3. RETURNS OF LMSA GOODS

  • 3.1. LMSA Goods may be returned should one of the following reasons apply:
    • 3.1.1 A consumer wishes to cancel a purchase transaction for any reason in terms of the Electronic Communications and Transactions Act (“ECTA”) within Seven (7) days of concluding the transaction, for all transactions concluded using an electronic platform (see paragraph 4 – Cooling-off period for electronic transactions); or
    • 3.1.2 The Goods are found to be unsuitable for a specific purpose within ten (10) days of receiving delivery of the Goods; or
    • 3.1.3 The Goods are found to be damaged or defective.
  • 3.2. Note that paragraphs 3.1.1 and 3.1.2 do not apply in the case of Special Order Goods. “Special Order Goods” are defined as Goods that a supplier expressly or implicitly was requested, to procure, create or alter specifically to satisfy a customer’s requirements.

 

4. COOLING-OFF PERIOD FOR ELECTRONIC TRANSACTIONS

  • 4.1. A consumer under the ECTAmay be entitled to cancel certain electronic transactions within seven (7) days from concluding the transaction, without reason or penalty. Section 44 is only applicable if the consumer is a natural person – in other words, a human being. The consumer must also be the end user of the Goods or service. The transaction must be an electronic transaction – a transaction concluded (in whole or in part) via a website, email, WhatsApp or SMS.
  • 4.2. This cooling off period does not apply to Special Order Goods.

 

5. Return of unsuitable Goods

  • 5.1. A consumer under the Consumer Protection Act, Act No 68, 2008 (“CPA”) may, with written communication to LMSA, return Goods within ten (10) days of delivery in the case that the Goods are not what they ordered or expected, or if the Goods are not suitable for a specific purpose.
  • 5.2. In all other cases, LMSA are not obliged to accept the return of Goods. LMSA will consider all other returns on a case-by-case basis.
  • 5.3. LMSA are not obliged to accept the return of Special Order Goods. Should LMSA believe that the Special Order Goods can be resold, LMSA will accept the return at a price and opon terms determined at LMSA’s sole discretion on a case by case basis.

 

6. Return of damaged or defective Goods

  • 6.1. Damaged or defective Goods are those that have been damaged or have a defect or were unsafe when LMSA supplied them. A defect usually means that the Goods were manufactured using materials, components or workmanship below an acceptable standard. “Defects” are further defined in the Warranty Policy that can be found on https://lamarzoccosa.co.za/warranty-policy.
  • 6.2. Warranty against defects
    • 6.2.1. LMSA warrants all new Goods against any defects in terms of the Warranty Policy that can be found on https://lamarzoccosa.co.za/warranty-policy.
    • 6.2.2. In order to claim defect, the onus is upon the customer to prove that the Goods were defective when supplied. It is strongly recommended that the customer test the Goods as soon as they have been received to make sure that everything is in working order
  • 6.3. Remedy for damaged or defective Goods

    • Damaged Goods

    • 6.3.1. A customer that receives damaged Goods on delivery should contact LMSA and report the damaged Goods within ten (10) business days of receiving the Goods.
    • 6.3.2. Damaged Goods must be returned unused and in the original packaging to LMSA using the return procedure defined in paragraph 7 below.
    • 6.3.3. Upon receipt of the Goods, LMSA will inspect the Goods to determine if the Goods have been used, and will conduct an investigation to determine the cause of the damage of the Goods. In the case that LMSA finds the Goods have been used, LMSA will repair the Goods and return them to the customer. In the case that the Goods were damaged while in LMSA control or while in transit where the transporter is an agent of LMSA, LMSA will repair or replace the Goods or in the case that LMSA cannot repair or replace the Goods, LMSA will refund the purchase price of the damaged Goods to the customer. LMSA may refund the reasonable postal and insurance costs of returning damaged Goods to the customer.

    Defective Goods

    • 6.3.4. A customer that believes their Goods are defective should contact LMSA and report the defective Goods within five (5) business days of the defect being identified.
    • 6.3.5. Defective Goods must be returned in terms of the Warranty Policy that can be found on https://lamarzoccosa.co.za/warranty-policy.
    • 6.3.6. LMSA will arrange a suitably qualified person to examine the Goods and produce a report for LMSA to consider. LMSA may charge a reasonable inspection fee for the inspection and report. If it is established that the Goods are found to be defective and are still within the Warranty Period, LMSA will fully refund the customer for the inspection fee incurred. LMSA will repair, or in the case that LMSA cannot repair, LMSA will replace or refund the purchase price of any defective Goods less a reasonable charge for the usage of the Goods that the customer returns to LMSA during the warranty period. LMSA may refund the reasonable postal and insurance costs of returning defective Goods to the customer.
    • 6.3.7. Regarding damaged or defective Goods, in the case that it is found that the Goods have been misused, neglected, damaged, altered or not used according to instructions, the customer will be liable for the full cost of the inspection fee, as well as any additional costs incurred by LMSA in repairing the Goods back to their original working state. Note that it is a criminal offence to damage Goods deliberately in order to claim a refund.

 

7. Goods return procedure

  • 7.1. The customer shall follow the LMSA returns procedure for all Goods being returned. LMSA may refuse to accept any returns that are not received following terms of this procedure. The LMSA return procedure is as follows:
    • 7.1.1. Complete the Return Claim Form (see Annexure 1) and submit it to the LMSA After-sales Service Department (details below).LMSA will not be able to continue processing the customer claim until LMSA has received this document.
    • 7.1.2. The LMSA After-sales Service Department will contact the customer with a return claim number within 24 hours of receipt of the Return Claim Form. Should the customer not receive this number within 24 hours of sending the Return Claim Form, the customer should contact the After-sales Service Department and request the number.
    • 7.1.3. Where the warranty period has expired, or the defect is specifically excluded from the warranty, or the warranty has been voided, the LMSA After-sales Service Department may inform the customer that the claim is not covered in terms of the Warranty Policy. Should the claim not be covered by the warranty, LMSA are still willing to repair the Goods but will do so at the customer’s cost. Refer to the Warranty Policy on our website.
    • 7.1.4. Any return of Goods must include proof of purchase.
    • 7.1.5. If Goods are returned within ten (10) days of delivery in their original unopened packing, LMSA will refund the full value of the Goods, less any direct costs incurred by LMSA.
    • 7.1.6. LMSA are not obliged to accept the Goods if the Goods are not returned in their original packaging and with all their accessories and instructions, or returned with the packaging opened, within ten (10) days of delivery. Provided that the Goods are not used, LMSA may refund the full value of the Goods, less a handling and repacking fee, and any direct costs incurred by LMSA. In the case that the Goods have been used, LMSA may refund the full value of the Goods, less a reasonable charge for the usage of the Goods as well as a handling and repacking fee, and any direct costs incurred by LMSA.
    • 7.1.7. If the original delivery packaging is not available, the customer shall make sure the Goods are in protective packaging as LMSA are not responsible for any damages that may occur in transit.
    • 7.1.8. The customer shall write the return claim number clearly on the package. LMSA may refuse to accept a package that does not have this return claim number on it.
    • 7.1.9. It is the customer’s responsibility to deliver the Goods to LMSA and to insure them against loss, damage and theft. The address for return of Goods will be communicated to to the customer by the LMSA After-sales Service Department. Should a courier company be used to deliver the Goods, the customer shall notify LMSA of the waybill or tracking number for the package.
    • 7.1.10. Once LMSA have received the package, LMSA will notify the customer that the Goods have been received. The customer shall allow for ten (10) working days from the date on which the package was delivered. If LMSA have not notified the customer within 10 working days, the customer shall contact the LMSA After-sales Service Department to confirm whether the Goods have been received.

 

8. LMSA After-sales Service Department contact details

  • 8.1. Customers can contact the LMSA After-sales Service Department as follows:
    • Telephone number: +27 (0) 10 271 4600
    • Email address: service@lmsa.co.za
    • Street address: La Marzocco SA, The Old Biscuit Mill, 375 Albert Rd, Woodstock, Cape Town, South Africa
    • Office hours: Mon-Fri (8.30am-4.30pm)

 

9. Customer queries and complaints

  • 9.1. LMSA aim for complete customer satisfaction. LMSA respect customers’ rights and always try to comply with best practice and all relevant laws. If any customer is not satisfied with any of the LMSA Goods, or have any questions, please contact the LMSA After-sales Service Department and have the relevant invoice ready. LMSA will try its best to solve customer problem. LMSA are proud of the reputation of its Goods.

 

10. Dispute resolution

  • 10.1. If LMSA do not accept that it supplied defective or unsuitable Goods, and the LMSA After-sales Service Department has not been able to help, any customer may still take the matter up with a suitable ombud or other dispute resolution body or take legal action. The dispute resolution procedures under the CPA do not necessarily apply to all transactions with LMSA. This policy does not exclude any other rights customers may have.

 

Download

Download a copy of the Returns Policy outlined above: Click here to download

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