General Terms AND Conditions
Planet54.com is a company duly registered within the Republic of South Africa in accordance with the Companies Act 71 of 2008 and adheres to the Consumer Protection Act 68 of 2008 (CPA), the Protection of Personal Information Act 4 of 2013 (POPI) and the Electronic Communications and Transactions Act 25 of 2002 (ECTA) including all amendments and regulations thereto. Planet54.com provides an online web platform for the sale and supply of goods to retail and wholesale customers.
2. Use of the Website and Online Platform
Your use, access and interaction with this website or online platform is subject to and governed by the terms and conditions set out below. Should you not agree to any of the terms contained below, you are to immediately cease using the website or online platform. Your continued usage constitutes acceptance of all the terms and conditions set out below.
3. Definitions and Interpretation
In this Agreement, unless the context otherwise requires, the following definitions shall apply:
"Agreement" means this agreement between Planet 54 and the Consumer or Retailer subject to the terms and conditions set out below
"Business Day" means any day (other than Saturday or Sunday) on which clearing banks are open for business in South Africa.
"Consumer" means a Consumer in terms of the Consumer Protection Act 68 of 2008.
“The Consumer Protection Act” means the Consumer Protection Act 68 of 2008 (the “CPA”)
"The Protection of Personal Information Act of 2013" means the Protection of Personal Information Act of 2013 (the “POPI”)
“Personal Data” means all data supplied to Planet 54 by or on behalf of the Consumer or Retailer pursuant to this Agreement which is defined as personal data under the POPI Act.
“Shopping Cart” means any and all goods selected by the Consumer or Retailer or User which once selected form part of the User’s order. The shopping cart serves merely as an online item placeholder for goods prior to the transaction being finalized. Planet 54 reserves the right to remove, modify or otherwise change the items available in the shopping cart at any time. Items in the shopping cart may be available for a limited period of 60mins only taking into consideration demand and availability of stock. Items are sold on a “first come first serve” basis and Planet 54 cannot guarantee the availability of items in the user’s shopping cart.
“Checking Out/Check Out” means any and all goods selected by the Consumer or Retailer which are then confirmed and accepted by User in completion of the transaction.
“Contract” means the completion of an order and commencement of a legally binding agreement between Planet 54 and the Consumer or Retailer.
"Order" means a purchase completed or submitted by means of Planet 54’s Website or Online Platform.
“You/Your” means the Consumer, Retailer or User of the Planet 54 Website or Online Platform including both Consumers and Retailers.
“User” means any natural person who makes use of, transacts on, contracts with, or makes use of the Planet 54 Website or Online Platform including both Consumers and Retailers.
"Website or Online Platform" means the Planet 54 Website and Online Platform, including its Official Social Media Accounts, Mobile Websites and Mobile Applications.
Where the context permits, words denoting:
(a) persons shall include bodies corporate and unincorporated associations of persons;
(b) the singular include the plural and vice versa; and
(c) one gender shall include any gender.
All headings are for ease of use and reference only and shall not affect the interpretation or construction of these terms and conditions in any way.
4. Formation of a Legally Binding Contract
Planet 54 offers goods or services by means of its Website and Online Platform, which may be purchased by Consumers or Retailers via electronic or other transaction methods. Upon registering on Planet 54’s Website or Online Platform, the Consumer or Retailer may place an order for the purchase of goods, which shall constitute a valid acceptance of the offer and thereby a legally binding Agreement of Sale. The sale shall be completed and in effect once the Consumer or Retailer has completed and submitted an electronic order via the Website or Online Platform and completed “Check Out” of items available in the User’s “Shopping Cart” Upon completion of the online sale, payment via one of the available transaction options becomes immediately due, owing and payable including any applicable taxes and delivery charges. The Consumer, Retailer or User of the Website or Online Platform warrants, by use and continued use of Planet 54’s services that he/she is over the age of 18 and possesses the necessary consent and faculties to transact with Planet 54.
5. Accepted Payment Methods
Planet 54 reserves the right to obtain validation of the User’s payment details before delivery of the Goods. Once payment has been made for an order, the Order remains valid as an offer until Planet 54 issues a Confirmation of Order or a notice revoking the Order as the case may be. All goods shall remain the sole property of Planet 54 until payment has been effected in full by the User. Once payment has been effected a valid sale shall have been concluded encompassing an offer by Planet 54 and acceptance by the User. Planet 54 offers the following methods of payment in completion of your transaction:
Payment via Credit and Debit Cards
Planet54.com accepts Credit Card and Debit or Cheque card payment via Visa and MasterCard only. These transactions shall be secure by means of our designated service provider, who shall ensure that your information is kept secure, that the correct amounts are debited and that your information is not disclosed without authorization or leaked, changed or misused. Should you have any concerns related to your card payment you are to contact us immediately via our designated customer service channels below. The User warrants that he/she is in possession of sufficient funds to complete the transaction and shall be liable for any additional service charges should the transaction be rejected.
Payment via Electronic Funds Transfer (E.F.T)
Planet54.com shall accept payment of funds at its sole and exclusive discretion via electronic funds transfer which requires the User to transfer funds directly from his/her bank account into Planet54.com’s account through electronic banking systems. If this method is available the User will be redirected to Planet54.com’s secure payment gateway and asked to required to select his/her bank. The details for the EFT payment will then be displayed, along with instructions regarding references and details of payment. All EFT payments shall require proof of payment to be sent to our designated EFT payments email address before the order is processed. Should the proof of payment not be received, Planet54.com reserves the right to request same and/or within a reasonable time cancel the transaction. Planet54.com reserves the right to charge any additional banking or service fees which may be incurred by means of this payment method.
Payment via eBucks (FNB eBucks)
Planet 54 shall accept payment via the FNB eBucks system. The user shall be required to have access to his/her eBucks login details, including the 4-digit pin together with their cellphone (for a One Time PIN /OTP) Once a checkout has been made and the eBucks payment method selected, the user shall be directed to a secure eBucks payment section in order to finalise the transaction.
All payments must be cleared before an order is finalised.
Where the consumer elects to pay via eft deposit, the following terms shall apply:
a) The order shall be processed only once the payment amounts clear in Planet 54’s banking account
b) The consumer may be liable for payment of a R 50.00 surcharge for the eft payment fees.
c) Delivery to the consumer shall be 7 (seven) working days from date of receipt of the payment amounts in Planet 54’s bank account.
6. Supply of Goods
Planet54.com shall at all times endeavour to supply goods that are in a good condition, safe and fit for the purposes for which they are purchased as contemplated in Section 55 of the Consumer Protection Act (CPA) Notwithstanding this, Planet54.com makes no warranties or guarantees relating to goods that are sourced from external suppliers, manufacturers and retailers. Planet54.com makes no representations regarding the availability of stock including specific colours, sizes, labels, brands or other identifiers and that available quantities reflected on the Website and Online Platform are merely estimates. Once an order has been confirmed, the onus remains on the User to ensure the correctness of the order and that the appropriate sizes, colours and types have been selected without derogating from the Returns Policy below. While Planet54.com endeavours to maintain reasonable amounts of stock available to consumers, it cannot guarantee the availability of any items listed on the website or online platform. Planet54.com, shall at all times exercise reasonable care in ensuring that the pricing of goods on the website and online platform is accurate and up to date. However, Planet54.com shall not be liable to consumers, retailers, or users of the website or online platform in the event of pricing errors due to system malfunction, human error or otherwise.
7. Returns Policy
Planet 54 will accept returns:
While Planet 54 shall makes every effort to accommodate its Consumers and Retailers, our returns policy has to be one that is both reasonable and in strict accordance with Section 56 together with Section 57 of the Consumer Protection Act (the “CPA”)
The Act permits returns within the first 6 Months in the following circumstances;
- Where goods have been incorrectly supplied. An example of this is where a User orders goods and receives goods that are substantially different from what was ordered. Planet 54 will then have the incorrect goods picked up and the correct goods delivered at no charge to the Consumer.
- Where the goods sold are materially defective. Materially defective means that the goods are not suitable for the purposes for which they are made or designed and that the defect affects the usage of the item. Planet 54 reserves the right to inspect the goods once they have been returned before offering the Consumer recourse on the matter, which will include;
a) A full refund where the goods are found to be materially defective OR
b) A credit to the value of the goods
c) A replacement of the goods
Materially defective here excludes minor scratches, dents, marks or defects which do not affect the usage or enjoyment of the goods.
- All goods Purchased from Planet 54 via the Website or Online Platform within 5 days of purchase, also known as the “cooling off” period in terms of the Consumer Protection Act (the “CPA”) Planet 54 will only accept returns if the goods are in their original packaging, unused and the Consumer is able to provide a valid, dated proof of purchase.
Planet 54 will not accept returns:
- The Consumer Protection Act (the “CPA”) specifically excludes “buyer’s remorse” and Planet 54 reserves the right to reject returns that are sought because the Consumer has “changed his mind” or not longer wants the item after the purchase has been made.
- Where the goods have been damaged due to ordinary wear and tear or worn out in the ordinary course of use.
- Where the goods have been purchased from other retailers and not Planet 54.
- Where the goods fall into one of the following categories:
a) Underwear, sleepwear or lingerie
b) Goods that have been personalized or custom made
c) Goods that have been specifically ordered for the Consumer and are not in ordinary stock
d) Goods that may pose a health or safety hazard if returned or reused.
e) Earrings, including studs, piercings, hair pieces, attachments and other personal body items due to health and safety considerations.
- Where the goods have been willfully damaged or have been damaged by the gross negligence of the Consumer or Retailer.
- Where the goods have been damaged by Force Majeur, or an act of God such as inclement weather, natural disaster, power failure, electrical surges or circumstances outside of Planet 54’s control.
- Planet 54 reserves the right to hold the Consumer Liable for delivery charges in the event of one or more of the above circumstances being the reason for return of the goods.
- Cash refunds will be processed 7 (seven) to 14 (fourteen) working days from date of refund being accepted. Refunds shall be made to the banking details from which the order was placed, or to the banking details provided to Planet 54 on signing up or account creation.
8. Delivery of Goods
Planet 54 shall endeavour to have all orders delivered within 5-7 working days of the order being placed. However, the delivery time may vary depending on external factors beyond Planet 54’s control. Planet 54 shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. Risk on delivery shall pass to the Consumer upon delivery, unless the Consumer arranges to have the goods picked up or employs the services of his/her own delivery company, in which case risk shall pass to the Consumer upon collection of the goods. No deliveries shall be made to P.O Boxes or LOT No’s or outlying areas which are not accessible by delivery companies. The onus remains with the Consumer to ensure that an accessible physical address is provided.The Consumer has a duty to ensure that the goods are inspected upon delivery, and to notify Planet 54 within 48 hours of any defects, damages or incorrectly supplied goods. Delivery charges shall be detailed with each individual order and may differ based on the size, type and quantity of goods ordered by the Consumer or Retailer.The User or Consumer agrees and accepts that should the he/she change the order, delivery address or specifications after an order has been dispatched, then there shall be delays with the date and time of delivery based on logistical considerations. Any request to change an order that has been placed must be done via email and this will result in a 24-48 hour delay.
9. Cancellation Policy
The Consumer may at any time prior to the order being finalized and confirmed online via completion of the transaction, cancel the order at no charge to him or her. Once the order has been confirmed and finalized however, Planet 54 reserves the right to charge a reasonable handling or administrative charge which may be up to 10% of the purchase price of the goods in accordance with the Consumer Protection Act (the “CPA”) Planet 54 reserves the right to cancel any order where there is suspicion of fraud, misconduct or other criminal activity and to refuse the supply of goods in such circumstances. The Consumer may not unilaterally cancel the transaction, subject to the terms of the Returns Policy in Clause 7 above.
10. Vouchers, Coupons and Promotions
Vouchers, Coupons, Gift Cards including online promotions, competitions and Hashtags may only be used to discount regularly priced items on the Website or Online Platform. These are single use only and may be used by one person for the purposes of a single transaction. Planet 54 reserves the right to revoke and cancel any vouchers, coupons, gift cards or other discounts should there be a suspicion of fraud, misuse or abuse. Vouchers, Coupons and Gift Cards are valid for a specified period only and may not be exchanged for cash. These may only be used for goods available on the Website or Online Platform and may not be redeem at Agents, Subsidiaries or Assigns of Planet 54. The total basket value of the purchase must be the stated promotional value or more. This may constitute a single item, or multiple items totaling the stated promotional value or more. Should the consumer return one or more item after having received the discount value from the promotion, thereby dropping the total basket value or total value of the purchase to below the stated promotion or value, then that consumer shall be liable for charges as determined by Planet 54. All promotions shall only be valid for the stipulated period of that promotion or in the absence of any time frame, shall be valid for a maximum of 7 (seven) days from date of promotion to midnight on the 7th (seventh) day thereafter including all Sundays and public holidays.
Abuse of accounts, vouchers, promo codes and gift cards:
User and Consumers are indentified by their personal information including names, handles, cellphone numbers, email addresses physical address and other identifying markers. Should Planet 54 find that a user or consumer has attempted or abused the system by creating multiple accounts, stacking promo codes, adding and removing items from the basket to trigger free delivery and thereafter removing items or otherwise abusing the system, Planet 54 shall take all necessary steps including banning the user, closing the accounts, revoking the order and/or the instituting of civil or criminal proceedings should the situation warrant it.
11. Competition Terms
Planet 54 may from time to time run competitions and promotions for users of the website and online platform and for consumers. The following terms shall apply to all completitions unless specifically stated otherwise. Should there be conflict between stated competition terms on the website and online platform and these terms, then these terms shall take precedence.
- No entry fee shall be levied for competitions unless otherwise stated in that competition and subject to the limitations of the Consumer Protection Act of 2008.
- Planet 54 shall not accept responsibilty for entries not being received for any reason whatsoever, including incorrectly filled out forms, network problems or others.
- While Planet 54 shall endeavour to ensure that prize descriptions are clear and set in ordinary terms, Planet 54 shall not be liable for the user or consumer incorrectly understanding the prizes offered or the entry requirements. Furthermore Planet 54 cannot guarantee the accuracy or details of prizes which are supplied by third parties or suppliers of Planet 54.
- All competitions winners shall be randomly selected. However, the final selection remains the sole and exclusive discretion of Planet 54 and its management.
- Employees, staff, affiliates, partners and services providers of Planet 54 shall not be eligible for entry into competitions.
- There shall be one winner per competition unless specifically stated otherwise.
- Competition winners agree to have their likeliness, image, name and winning details published by Planet 54 or its affiliates including the publication in any promotional material.
- Competition prizes shall be delivered to the winners, or shall be collected by the winners at Planet 54’s offices only. The winners may be required to provide contact details, personal information and/or proof of identity prior to receiving their prizes.
- Competition prizes cannot be exchanged for cash, other items, colours or specifications or returned for credit.
- Planet 54 may differ or cancel competitions at its sole and exclusive discretion for any reason whatsoever.
- Competition winners will be notified electronically on the platform that they entered or via email and must contact Planet 54 within 7 (seven) working days of being notified, failing which the winner shall forfeit the prize and which prize may thereafter be awarded to the next potential winner.
- Competition entries shall only be accepted within the period of the competition and shall close on midnight on the last day of that competition. Should there be no stipulated end date, all competitions shall run for a maximum of 14 (fourteen) days from beginning of the contract till midnight on the 14th (fourteenth) day, including all Sundays and public holidays.
- Prizes shall be delivered within the ordinary delivery times and shall be delivered to the address provided by the competition winner.
- Entry into all competitions shall be deemed as acceptance of all the terms above.
Planet 54 offers free delivery to consumer for orders over the value of R 250.00 (two hundred and fifty rand) The free deliveries are subject to the following conditions:
- The total basket value of the purchase must be R 250.00 (two hundred and fifty rand) or more. This may constitute a single item, or multiple items totaling R 250.00 (two hundred and fifty rand) or more.
- Should the consumer return one or more item after having received the free shipping, thereby dropping the total basket value or total value of the purchase to below R 250.00 (two hundred and fifty rand) then that consumer shall be liable for shipping charges as determined by Planet 54.
- Planet 54 reserves the right to levy shipping charges at its discretion where there has been abuse or misuse by consumers of the free shipping offer.
13. Price Guarantee Policy
The following terms apply to Planet 54’s Price Guarantee and Price Match Policies:
- The product or item to be purchased must be brand new, identical in every way, inclusive of - but not limited to - specification, colour, size and style, and must be offered on the same terms as Planet 54;
- Our price guarantee may only be claimed against any legitimate South African online stores offering the same merchandise and excludes factory outlets, membership clubs, duty-free shops, auction sites, market stalls, private sales and liquidations;
- The competiting online store must have the product in stock and immediately available for purchase and delivery;
- The item must also be in stock at Planet 54, must be current and available for immediate purchase or delivery;
- Planet 54 reserves the right to verify the lower price being offered by the competitor online store prior to supplying the item in question;
- The competiting online store price must include VAT and any applicable delivery charges in the price of the item.
- Planet 54’s price guarantee will apply for five days after purchase.
- Planet 54 requires absolute proof of purchase.
- Planet 54 reserves the right to withdraw this price guarantee at any time at the sole and exclusive jurisdiction of management.
14. Limitation of Liability
Unless otherwise provided in any further written agreement, Planet 54 shall not be liable to Consumers, Retailers or Users for any indirect, consequential, special, incidental or punitive damages which may arise out of the use of Planet 54’s Website or Online Platform or the supply or resale of any goods or services.
15. Information and Data Protection - POPI
In this clause the terms "data subject" and "process" have the meanings given to them in the Protection of Personal Information Act of 2013 (POPI). Each party warrants to the other that, in relation to this Agreement, it shall comply strictly with all requirements of POPI. Planet 54 shall ensure that all information collected from Consumers, Retailers and Users shall be collected for the specific purposes of interacting, transacting and conducting business, including information obtained for the purposes of marketing and advertising. Planet 54 warrants that it has appropriate technical and organizational measures in place to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data held or processed by it and that it has taken reasonable steps to ensure the reliability of any of its staff who have access to Personal Data processed in connection with this Agreement. Planet 54 will co-operate with and assist any Consumer, Retailer or User at no charge in allowing data subjects to exercise their rights under the The Protection of Personal Information Act of 2013 and will comply with any reasonable request made by Consumers, Retailers or Users to ensure compliance with the measures mentioned in the Act. The Consumer, Retailer or User warrants that it will notify Planet 54 immediately of any correspondence it may receive from any local data protection regulator and any successor or replacement body relating to Personal Data or any complaint from an individual about the processing of Personal Data in connection with this Agreement.
If Planet 54 becomes aware of the loss or compromise of, or any damage to, any Personal Data which it is processing in connection with this Agreement it will:
(a) immediately notify the Consumer, Retailer or User of the details of the incident and
(b) promptly initiate a full investigation into the circumstances surrounding the incident and make any reports of notes of the investigation available to the Consumer, Retailer or User;
This Agreement shall be governed by and construed in all respects in accordance with South African law and the Courts of the Republic of South Africa shall have exclusive jurisdiction. If any provision or any part of this Agreement is held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be deemed not to form part of this Agreement but the enforceability of the remainder of this Agreement shall not be affected;
17. Address for Notices
Planet 54 chooses the following address for the receipt of notices, processes, documentation and communications. Should any communications not be directed to the addresses below, Planet 54 reserves the right to deem such notices, processes or communications as undelivered and incorrectly served.
Enquiries to: [email protected]
Physical Address: 39 Chris Hani Road Durban, KwaZulu-Natal, South Africa
Customer Services Number: 031 579 2454
Full Company Details: Planet54 (PTY), Ltd Reg Number 2016/146784/07