Returns & Refunds Policy

Effective date: [INSERT EFFECTIVE DATE ON PUBLICATION]
Version: Draft v1.0 — pre-launch, attorney review pending

1. Introduction

This Returns & Refunds Policy explains your rights and the process for returning products purchased from Fertile Acre (Pty) Ltd t/a BioAktiva via www.bioaktiva.co.za. It supplements your statutory rights under the Consumer Protection Act, 68 of 2008 ("CPA") and the Electronic Communications and Transactions Act, 25 of 2002 ("ECTA"). Nothing in this policy limits or excludes those statutory rights.

2. Your Statutory Rights

2.1 Cooling-off period (CPA Section 20 / ECTA Section 44)

Where you purchase products from us as a consumer by electronic communication, you have the right to cancel the transaction within seven (7) business days of receiving the goods, without reason and without penalty. To exercise this right, contact us at enquiries@bioaktiva.co.za within the cooling-off period.

On valid exercise of the cooling-off right:

• You return the goods to us in their original, unused, undamaged condition, in the original packaging.
• You bear the direct cost of returning the goods, unless we agreed to cover return shipping at the time of purchase.
• We refund the purchase price within fifteen (15) business days of receiving the returned goods or proof of return, whichever is sooner.

The cooling-off right does not apply to certain goods, including (but not limited to) goods made to your specifications, perishable goods, or goods that have been unsealed and used.

2.2 Implied warranty of quality (CPA Section 56)

Under Section 56 of the CPA, every product we sell is subject to an implied warranty that it is reasonably suitable for its intended purpose, of good quality, in good working order, free of defects, durable for a reasonable period, and compliant with any applicable standards.

If a product fails to meet this standard within six (6) months of delivery, you may return it for, at your election:

• A full refund of the purchase price; or
• Replacement of the product; or
• Repair of the product (where repair is feasible).

We bear the direct cost of returning defective goods under this section.

3. Voluntary Return Window

In addition to your statutory rights, we offer a voluntary return window of 14 days from the date of delivery for unopened, sealed products in their original packaging that have not been used or tampered with.

To use the voluntary return window:

• Email us at enquiries@bioaktiva.co.za within 14 days of delivery to request a return.
• Include your order number, the products you wish to return, and the reason for return.
• Wait for our written confirmation and return instructions before sending the goods back.
• Return the goods at your own cost, in their original sealed packaging, with all documentation.

Once we receive and inspect the returned goods, we refund the purchase price (excluding original shipping cost where shipping was a separate line item) to your original payment method within ten (10) business days. Goods returned outside the voluntary window, or that are opened, used, damaged, or in non-original packaging, are not eligible for a voluntary return refund (although your statutory rights under Section 56 of the CPA may still apply where the product is defective).

4. Damaged, Defective, or Incorrect Deliveries

Please inspect your order on receipt. If a product arrives damaged, defective, or is not what you ordered, contact us at enquiries@bioaktiva.co.za within 48 hours of delivery with:

• Your order number.
• Photographs clearly showing the damage, defect, or incorrect product.
• Photographs of the outer packaging where damage may have occurred in transit.
• A short description of the issue.

We will investigate and arrange a replacement, repair, or refund at no cost to you, in accordance with the CPA.

5. How to Return a Product

Once we have confirmed your return, we will provide you with:

• A return reference number.
• The address to which goods must be returned.
• Specific packaging or labelling instructions, where applicable.

Please do not return products to us without first obtaining a return reference. Goods returned without authorisation may be refused or delayed in processing.

6. Refund Method and Timing

Refunds are issued to the original payment method used for the order. Processing times depend on the payment method:

• Credit card refunds typically reflect within 5–10 business days, depending on your bank.
• EFT refunds are issued within 5 business days of approval, with bank-side clearance taking 1–3 additional business days.

Where a refund cannot be issued to the original payment method (for example, if the card has expired), we will arrange an alternative payment method with you.

7. Items Not Eligible for Return

The following are not eligible for return outside your statutory rights:

• Products that have been opened, used, mixed, or applied.
• Products with broken seals or tampered packaging.
• Products purchased on clearance or as final-sale items, where this was clearly disclosed at the time of purchase.
• Bulk orders or custom-blended products manufactured to your specifications.

8. B2B Trade Account Returns

Returns by approved B2B trade-account holders are subject to the specific terms of your trade-account agreement, which may differ from this consumer-facing policy. Please refer to your trade-account agreement or contact us at enquiries@bioaktiva.co.za for B2B-specific guidance.

9. Refusal to Accept a Return

We may refuse a return where:

• The product has been used, opened, or damaged after delivery (other than for the purpose of inspecting it).
• The return falls outside the voluntary return window and the product is not defective.
• The product was correctly described, supplied, and undamaged on delivery, and you have changed your mind beyond the cooling-off period and voluntary window.

Where we refuse a return, we will explain the reason in writing. You retain your rights under the CPA and may escalate any unresolved dispute to the National Consumer Commission or a small claims court.

10. Disputes

If you are not satisfied with our handling of your return or refund, you may:

• Contact our Managing Director at enquiries@bioaktiva.co.za to escalate the matter internally.
• Lodge a complaint with the National Consumer Commission at www.thencc.org.za.
• Refer the matter to a competent court in line with our Terms & Conditions.

Contact

Fertile Acre (Pty) Ltd t/a BioAktiva
Registration No. 2022/507647/07
De Hoop Boerdery, R45 Malmesbury, Western Cape, 7300, South Africa
Postal: P O Box 132, Malmesbury, 7299

Email: enquiries@bioaktiva.co.za
Web: www.bioaktiva.co.za