Prouds - Return Policy
Refund policy
Online Terms
This agreement is a contract between the customer (you) and Stinson Pearce PTE Limited, 1 Industrial Road, Nadi Airport, Fiji (PROUDS Online) (TIN 50-02481-0-0). These terms apply to the ordering, purchase and delivery of Good(s) from shop.prouds.com.fj and forms a contract between you and (PROUDS Online) (Terms) as amended from time to time.
These Terms contain important information about the ordering, processing and delivery of Goods, including limitations of liability.
Other important terms may also apply to your Order, such as the PROUDS Returns Policy and PROUDS Shopping Voucher Terms of Use, or specific terms for certain Goods as identified in the product description field on the Website (e.g. Supplier Direct Terms).
If you have any questions, please contact our Prouds Online Customer Service on +679 6722 477 or email at eshopper@motibhai.com.fj and we will be happy to assist you.
1. Definitions
The following definitions apply to these Terms.
Business Day means a week day in which trading banks are open for the transaction of banking business in Fiji.
Shipping Address means the address to which the Goods are to be delivered as stated on your Order.
Delivery Agent means a nominated third party delivery or shipping company for PROUDS Online.
Shipping Fee means the fee charged by the Delivery Agent for the delivery of Goods.
Goods means the items offered for sale described or displayed on the Website.
VAT means Value Added Tax Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Goods from PROUDS Online under these Terms.
Price means the purchase price of each Good as specified on the Website (including VAT).
Privacy Policy means the PROUDS Privacy Policy found on the Website.
Restricted Goods means Goods subject to restrictions in particular jurisdictions, including Goods which may not be sold to minors (such as knives, alcohol and tobacco).
Returns Policy means the PROUDS Online Returns Policy found on the Website.
Website means the sites available from http://shop.prouds.com.fj/
Website Terms means the terms governing your use of the Website, in addition to these Terms.
We, Us, Our, PROUDS and PROUDS Online means Stinson Pearce PTE Limited (T/A PROUDS) (TIN 50-02481-0-0).
You and Your means you as the purchaser of Goods from PROUDS Online pursuant to these Terms.
2. Compliance with Terms and Conditions
2.1 You will be bound by these Terms when you submit an Order via the Website. Each Order you place will be a separate contract between you and PROUDS Online for the supply of Goods, under these Terms.
3. Placing Orders for Goods
3.1 An Order submitted by you is an offer by you to purchase Goods for the Price (plus any Shipping Fee) as specified at the time you submit your Order.
3.2 You acknowledge that all Orders are for Goods intended for personal and non-commercial use only.
Quantity restrictions may apply from time to time, and these will be stated on the relevant product page, or in materials concerning the relevant promotion.
3.3 In completing the Order form, you agree to provide complete and accurate personal details (or those of the recipient of gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to deliver your Order.
3.4 PROUDS Online will not be liable to you for your loss or those of any third party for a delay or failure to process fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in an Order by you.
3.5 You also agree to obtain consent to provide PROUDS Online with personal details of recipients of gifts Ordered by you.
3.6 You may Order from PROUDS Online if you are aged 16 years or over, have an active email account and a telephone number at which you can be contacted.
3.7 Once you submit your Order, cancellations of your Order or changes to the Goods in your Order cannot be made (unless by agreement with PROUDS Online or otherwise under these Terms). However, you can return Goods under the Returns Policy. You should check your Order carefully before submitting your Order. For terms on cancellations or returns see Returns policy
3.8 Where you place consecutive or separate Orders, we cannot consolidate the Orders into one. A separate Shipping Fee will apply to each Order.
3.9 You will be provided with an Order number when you submit your Order. The Order number is required when contacting our Prouds Online Customer Service about your Order.
4. Acceptance and rejection of Orders
4.1 PROUDS Online reserves the right to accept or reject your Order for any reason at any time.
4.2 When we accept an Order, it constitutes an agreement by PROUDS Online to supply the Goods under these Terms.
4.3 If we reject an Order, we will notify you of the reason for rejection via email within 5 Business Days.
4.4 PROUDS Online will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.5 If we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order under clause 7.
4.6 If we cannot contact you about your Order using the contact details you provide in the Order, after having made reasonable attempts to contact you, we will reject the Order under clause 4.1 and notify you of that rejection via phone or email within 5 Business Days.
5. Availability of Goods
5.1. From time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this happens, PROUDS Online will use reasonable endeavours to either:
(a) source the Goods; or
(b) contact you within 5 Business Days to either:
i. arrange a full or partial refund; or
ii. change your Order to replace the Good with a comparable product in a similar price range (where available) as agreed with you; or
iii. come to an alternative arrangement.
Where a comparable product or alternative arrangement cannot be agreed, we will refund you the Price paid for the Goods under clause 7.
5.2. We may withdraw or suspend the sale of any Good(s) displayed on the Website, either temporarily or permanently, at any time. PROUDS Online will not be liable to you for any loss you or any third party suffers as a result of a withdrawal or suspension of sale of a particular Good.
5.3. Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us under clause 7.
5.4. PROUDS Online reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, under clause 7, and PROUDS Online will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under the Returns Policy.
5.5 You acknowledge and agree that:
(a) all pictures and images of Goods displayed on the Website are for illustrative purposes only, and the sizes and dimensions of Goods may differ in real life, and any accessory featured with the Goods are for illustrative purposes only, and may be sold separately;
(b) you have read any written description of the Goods on the Website before submitting your Order;
(c) the colour of Goods as shown on the Website may vary slightly in real life; and
(d) where we provide dimensions and measurements in the descriptions of a Good , it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Shipping Address for delivery of the Good);
6. Price and payment
6.1 The Price in respect of a Good is specified on the Website.
6.2 Unless otherwise stated, all Prices quoted are in Fiji Dollars and where applicable, inclusive of Value Added Tax (VAT). Any fees and charges (e.g. Shipping Fees) imposed by these Terms also include VAT where applicable.
6.3 PROUDS Online reserves the right to change or alter Prices of Goods on the Website without notice to you. If you have already submitted an Order at a particular Price, there will be no change or alteration to that Price (provided your Order is not affected by a pricing error, in which case the procedure in clause 5.4 will apply).
6.4 For each Order, we will charge you and you agree to pay:
(a) the Price (which is the Price at the time the Order is submitted); and
(b) the Shipping Fee.
6.5 The total payment due will include shipping, fumigation (if applicable) and insurance charges in shipping the item(s) from our warehouse in Fiji. Destination charges such as Customs Duty, Handling charges, Customs Entry Fees, Extra Fumigation required by the Authorities of the landing nation is to be borne by you.
6.6 You can pay for your Goods by any of the methods specified on the Order form on the Website, including credit card or debit card. When paying by credit card you authorise PROUDS Online to place a hold up to the value of your Order on your card. [Payment is only debited from your card at the time your Order is ready for collection by a Delivery Agent used by PROUDS Online.] The name on the credit card used for the payment must match the name on the Order.
6.7 Lay by is not available for purchases made on the Website.
6.8 Any payment for an Order must be cleared by PROUDS Online before Goods are despatched. If your payment cannot be processed, your Order will be rejected under clause 4 and you will be notified of this via phone or email. If a credit card payment cannot be processed you should contact your card issuer first to try to resolve the problem, or use an alternative payment method in order to continue with your Order.
6.9 In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
6.10 You will receive an Order confirmation by email once payment has been processed.
7. Refunds
7.1 If PROUDS Online processes a refund under these Terms, it will use reasonable endeavours to process the refund within 5 Business Days. Receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. PROUDS Online is not liable for any loss, damage, cost, expense or injury you or any third parties incur as a result of any delay in processing your refund.
7.2 It is a condition of Visa, MasterCard and other card schemes that refunds be processed to the same card used in the original transaction to minimise the possibility of fraudulent activity on cards. PROUDS Online is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you used for your Order.
8. Delivery
8.1 PROUDS Online uses Delivery Agents to deliver your Goods. You agree that your details, including your Shipping Address, will be supplied to the Delivery Agent for the purpose of delivering your Goods.
8.2 Delivery will only be done to Physical addresses
8.3 Delivery is available within Fiji and selected international countries.
Delivery Times
8.4 PROUDS Online aims to achieve the delivery time frames set out below.
• 1- 4 Business days for within Fiji.
• 5-10 Business days for selected International countries.
8.5 In spite of the delivery times in clause 8.4:
a) PROUDS Online cannot guarantee that delivery will occur in the delivery time frames; and;
b) PROUDS Online is not liable for any Loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
8.6 During major sales events Orders may experience delivery delays.
General terms for delivery
8.7 Delivery of Goods will take place at the Shipping Address specified by you in the Order.
8.8 If you are personally unavailable to accept delivery, you may appoint a representative to accept delivery in your place. Subject to clause 8.9, the representative must be over 16 years of age and capable of receiving delivery on your behalf. You agree that we will be entitled to rely on your representative's instructions as if they were your own.
8.9 On delivery, the Delivery Agent may require you or your representative to provide them with proof of identity, such as photo ID or proof of age (for delivery of Goods). PROUDS Online may not make delivery of the Goods if the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of identity or age.
8.10 If there is no one available at the Shipping Address to accept delivery, or there is limited access to the Shipping Address or it is unsafe or impractical to make delivery or for any other reason delivery cannot take place, a note will be left at the door for the customer to collect their consignment from the specified TNT office. It is your responsibility to follow the instructions stated on the note. Please visit www.tnt.com for terms and conditions of TNT’s shipping policy.
8.11 You or your representative may be required to sign a delivery form to confirm that the delivery has taken place. If you refuse to sign the delivery document, this will be taken as a refusal to accept the delivery. Where redelivery is required because of refusal to accept delivery, you may be required to pay additional Shipping Fees.
8.12 Where you do not collect your Goods from the specified TNT office within 10 days of a failed delivery, you must call our Prouds Online Customer Service on +679 6722 477 or email at eshopper@motibhai.com.fj for further information about claiming your Order. If Goods are required to be redelivered, you may be required to pay additional Shipping Fees.
8.13 Once delivered, you must inspect and test the Goods and ensure the Goods delivered match your Order. You must let us know about any damaged, missing and incorrect Goods within 24 hours of delivery receipt by contacting our Prouds Online Customer Service on +679 6722 477 or email at eshopper@motibhai.com.fj. You can otherwise return Goods under clause 11. Any Goods replaced under the Returns Policy due to being faulty, damaged, or incorrect will be delivered to you free of charge.
8.14 In peak trading periods or where Goods in your Order are not available and need to be sourced from another location, this may result in delays in your Order being ready for collection.
9. Restricted Goods
9.1 You agree that in ordering Goods that are or contain Restricted Goods, that:
a) You are aged 18 years or over;
b) you acknowledge that it is against the Law to sell or supply the Restricted Goods to, or obtain the Restricted Goods on behalf of, a person under the age of 18 years; and
c) You warrant that you are not obtaining the Restricted Goods on behalf of a person under the age of 18 years.
9.2 Where PROUDS Online has reasonable grounds for believing you have breached clause 9.1, PROUDS Online may reject your Order under clause 4.1. We will refund any money paid to us in respect of your Order under clause 7.
10. Risk and title
10.1 Risk and title of the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.
11. Order cancellations and Returns
11.1 Unless provided for under these Terms, no cancellation or changes to Orders will be accepted and the Goods will be delivered to the stated Shipping Address. You will, however, be able to return Goods under Returns policy.
Shipping Fees and any gift wrapping charges will not be refunded if you return Goods for change of mind or incorrect size.
11.2 Goods can only be returned under the Returns Policy. The Returns Policy forms part of these Terms.
12. Returns Policy
12.1 Returns & Exchanges
a) PROUDS Online endeavours to give you the finest shopping satisfaction. However if due to some unforeseen circumstance you receive a faulty product then the following conditions apply:
i. PROUDS will accept the return of faulty items within 14 days of delivery if the item is still in sealable condition with its original packaging (original label and tags still attached, item is unworn, unused and in the same condition as when sold) and contents.
ii. PROUDS will not accept returns if:
• The fault has aroused from normal wear and tear.
• The damage has been caused by perfume, hairspray, bleach, harsh chemicals, water or other agents.
iii. The item will be returned at the customers own cost. If a replacement is unavailable PROUDS at its discretion will provide a refund.
iv. PROUDS will inspect the item once return is received. If an item returned as faulty is found to be not faulty, the item will be returned to the customer and the customer will be charged for the shipping fee.
For claims to be made the items must be sent to the below address within 14 days of delivery:
PROUDS Online Returns
Stinson Pearce PTE Ltd
Motibhai Building
PO Box 9175
1 Industrial Rd
Nadi Airport
Fiji Islands
12.2 Change of Mind
You should carefully check that your Order is accurate before you submit it to PROUDS Online since no exchanges will be accepted if you simply change your mind after order confirmation or receipt of shipment.
PROUDS is not required to provide you with a copy of your original receipt to facilitate an exchange, refund, insurance or warranty claim.
12.3 Valid Receipt
A valid receipt is either an in store registers receipt, in the instance of an online purchase the Order Confirmation Email.
12.4 Consumer Guarantees
If you believe an item is faulty, you may have rights to a remedy. These rights are not impacted by the change of mind policy. However the relevant time period may vary by product (or service) depending on the nature of the goods (or service), the price paid and any representations made about the goods (or service).
Where you believe an item is faulty, it may be necessary for us to send your goods to the manufacturer or their service agent for it to be assessed within a reasonable period of time. If there is a major failure with the item, you may choose a, exchange or repair. If the failure is minor, we will repair the item (or, at our discretion, we may replace the item) within a reasonable time.
Where an item is damaged through misuse or abnormal use, PROUDS cannot provide a refund, exchange or repair, whether the fault is identified by Prouds, the manufacturer or their service agent.
PROUDS will require satisfactory proof of purchase (valid receipt) before providing a remedy.
12.5 Return Tender
Refunds will be given using your original payment method, except in the following circumstances:
a) Gifts or Bonus with Purchase and Bundled Item
Where merchandise is purchased with a gift or bonus, the gift or bonus must also be returned (unless otherwise stated). If you are unable to return the gift or bonus or it is not in saleable condition, the value of any available refund will be reduced by the value of the gift or bonus. In the instance of bundle offers, all items within the bundle must also be returned or the value of the unreturned items will be deducted from any available refund.
b) Bonus Gift Voucher with Purchase
Where a bonus Gift Voucher is issued at the time of purchase, the bonus Gift Voucher must also be returned with the merchandise to qualify for a full exchange or refund. Where the bonus Gift Voucher has been fully or partially redeemed, the amount redeemed will be deducted from any available refund.
12.6 Privacy When Making a Return
PROUDS Online is committed to protecting your privacy. You may be asked to present photo identification so that we can record your name and verify your signature. Acceptable identification must also include your full name with a future expiry date. For example, a Driver’s Licence or Passport.
Information collected will be securely stored for a reasonable period of time. It may be used for fraud protection activities and for the purpose of PROUDS research and analysis. It may be disclosed to state and territory departments upon request, as required by law.
If you wish to access your information held by PROUDS Online in relation to returns, please contact the PROUDS Online Customer Service on +679 6722 477.
13. Product Recalls
13.1 Where a Good is subject to a product recall, you will be emailed by us with the details. Please contact PROUDS Online Customer Service on +679 6722477 or eshopper@motibhai.com.fj
13.2 You consent to us contacting you, using the personal information provided on your Order, to notify you of a product recall either by telephone, email or post.
14. PROUDS Privilege Card
14.1 PROUDS Privilege Card Members will be eligible for PPC points for purchases from the Website under the PROUDS Privilege Card Program Terms and Conditions.
14.2 For more information about the PROUDS Privilege Card or to join PROUDS Privilege Card, please visit http://www.prouds.com.fj/Frequent-Shopper.aspx
15. Promotions and Discounts
15.1 The Goods, Prices, and promotions that are offered on the Website may not correspond to those in a PROUDS Store.
15.2 PROUDS Online does not price match.
15.3 You may receive online offers and promotions, whether mailed to your home, distributed in a PROUDS store or emailed to you, which include a promotional or coupon code (Code) for use when shopping on PROUDS Online. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of placing an Order. We cannot apply the Code after you have submitted your Order. Separate terms may apply to the use of the Code. Please read these carefully to make sure they apply to your purchase from PROUDS Online. Any Code is non-transferable and may not be used in conjunction with other offers.
15.4 Certain offers, including cash back and bonus redemptions may involve sending a cash back form to the supplier and are subject to additional terms (as specified with the offer). You should read these terms carefully, as time limits will apply to cash back and bonus offer redemptions. Cash back and bonus redemption offers may exclude postage and handling costs and any other costs incurred as a result of redeeming the cash back and bonus.
15.5 All references to dates and times in promotions are based on the local time in Suva, Fiji unless stated otherwise.
16. Privacy
16.1 Personal Information, such as your contact details, that you provide to us during the Order process will be kept and used by us for the purpose of processing your Order under PROUDS Privacy Policy. See PROUDS Privacy Policy for further information on how to access or update any records of Personal Information.
17. Website Terms
17.1 See PROUDS Terms & Conditions for further information on trademarks, copyright and other applicable terms.
18. Warranties you make to PROUDS Online
18.1 You represent and warrant to PROUDS Online that PROUDS will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.
18.2 Subject to any rights you have under any consumer protection law, PROUDS Online excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms. You are entitled to certain rights under consumer protection law that cannot be excluded.
18.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
19. Termination
19.1 PROUDS Online reserves the right to, at its discretion; terminate the agreement for the supply of Goods to you and your use of the Website:
a) For convenience, at any time, upon provision of notice to you;
b) Immediately if PROUDS Online reasonably believes that you have breached these Terms and:
i. That breach is not capable of remedy; or
ii. If you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
20. General
20.1 PROUDS Online reserves the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time of Order are those that govern your relationship with PROUDS Online with respect to that Order.
20.2 PROUDS Online may give notice to you by electronic mail. You may give notice to PROUDS Online by electronic mail to our Prouds Online Customer Service at eshopper@motibhai.com.fj.
20.3 Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
20.4 A failure or delay by PROUDS Online to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by PROUDS Online does not preclude its future exercise or the exercise of any power or right.
20.5 A reference to a clause is a reference to a clause of these Terms.
20.6 The laws of Fiji govern this agreement. Your transaction is deemed to have taken place in Nadi, Fiji
Online Terms
This agreement is a contract between the customer (you) and Stinson Pearce PTE Limited, 1 Industrial Road, Nadi Airport, Fiji (PROUDS Online) (TIN 50-02481-0-0). These terms apply to the ordering, purchase and delivery of Good(s) from shop.prouds.com.fj and forms a contract between you and (PROUDS Online) (Terms) as amended from time to time.
These Terms contain important information about the ordering, processing and delivery of Goods, including limitations of liability.
Other important terms may also apply to your Order, such as the PROUDS Returns Policy and PROUDS Shopping Voucher Terms of Use, or specific terms for certain Goods as identified in the product description field on the Website (e.g. Supplier Direct Terms).
If you have any questions, please contact our Prouds Online Customer Service on +679 6722 477 or email at eshopper@motibhai.com.fj and we will be happy to assist you.
1. Definitions
The following definitions apply to these Terms.
Business Day means a week day in which trading banks are open for the transaction of banking business in Fiji.
Shipping Address means the address to which the Goods are to be delivered as stated on your Order.
Delivery Agent means a nominated third party delivery or shipping company for PROUDS Online.
Shipping Fee means the fee charged by the Delivery Agent for the delivery of Goods.
Goods means the items offered for sale described or displayed on the Website.
VAT means Value Added Tax Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Goods from PROUDS Online under these Terms.
Price means the purchase price of each Good as specified on the Website (including VAT).
Privacy Policy means the PROUDS Privacy Policy found on the Website.
Restricted Goods means Goods subject to restrictions in particular jurisdictions, including Goods which may not be sold to minors (such as knives, alcohol and tobacco).
Returns Policy means the PROUDS Online Returns Policy found on the Website.
Website means the sites available from http://shop.prouds.com.fj/
Website Terms means the terms governing your use of the Website, in addition to these Terms.
We, Us, Our, PROUDS and PROUDS Online means Stinson Pearce PTE Limited (T/A PROUDS) (TIN 50-02481-0-0).
You and Your means you as the purchaser of Goods from PROUDS Online pursuant to these Terms.
2. Compliance with Terms and Conditions
2.1 You will be bound by these Terms when you submit an Order via the Website. Each Order you place will be a separate contract between you and PROUDS Online for the supply of Goods, under these Terms.
3. Placing Orders for Goods
3.1 An Order submitted by you is an offer by you to purchase Goods for the Price (plus any Shipping Fee) as specified at the time you submit your Order.
3.2 You acknowledge that all Orders are for Goods intended for personal and non-commercial use only.
Quantity restrictions may apply from time to time, and these will be stated on the relevant product page, or in materials concerning the relevant promotion.
3.3 In completing the Order form, you agree to provide complete and accurate personal details (or those of the recipient of gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to deliver your Order.
3.4 PROUDS Online will not be liable to you for your loss or those of any third party for a delay or failure to process fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in an Order by you.
3.5 You also agree to obtain consent to provide PROUDS Online with personal details of recipients of gifts Ordered by you.
3.6 You may Order from PROUDS Online if you are aged 16 years or over, have an active email account and a telephone number at which you can be contacted.
3.7 Once you submit your Order, cancellations of your Order or changes to the Goods in your Order cannot be made (unless by agreement with PROUDS Online or otherwise under these Terms). However, you can return Goods under the Returns Policy. You should check your Order carefully before submitting your Order. For terms on cancellations or returns see Returns policy
3.8 Where you place consecutive or separate Orders, we cannot consolidate the Orders into one. A separate Shipping Fee will apply to each Order.
3.9 You will be provided with an Order number when you submit your Order. The Order number is required when contacting our Prouds Online Customer Service about your Order.
4. Acceptance and rejection of Orders
4.1 PROUDS Online reserves the right to accept or reject your Order for any reason at any time.
4.2 When we accept an Order, it constitutes an agreement by PROUDS Online to supply the Goods under these Terms.
4.3 If we reject an Order, we will notify you of the reason for rejection via email within 5 Business Days.
4.4 PROUDS Online will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.5 If we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order under clause 7.
4.6 If we cannot contact you about your Order using the contact details you provide in the Order, after having made reasonable attempts to contact you, we will reject the Order under clause 4.1 and notify you of that rejection via phone or email within 5 Business Days.
5. Availability of Goods
5.1. From time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this happens, PROUDS Online will use reasonable endeavours to either:
(a) source the Goods; or
(b) contact you within 5 Business Days to either:
i. arrange a full or partial refund; or
ii. change your Order to replace the Good with a comparable product in a similar price range (where available) as agreed with you; or
iii. come to an alternative arrangement.
Where a comparable product or alternative arrangement cannot be agreed, we will refund you the Price paid for the Goods under clause 7.
5.2. We may withdraw or suspend the sale of any Good(s) displayed on the Website, either temporarily or permanently, at any time. PROUDS Online will not be liable to you for any loss you or any third party suffers as a result of a withdrawal or suspension of sale of a particular Good.
5.3. Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us under clause 7.
5.4. PROUDS Online reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, under clause 7, and PROUDS Online will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under the Returns Policy.
5.5 You acknowledge and agree that:
(a) all pictures and images of Goods displayed on the Website are for illustrative purposes only, and the sizes and dimensions of Goods may differ in real life, and any accessory featured with the Goods are for illustrative purposes only, and may be sold separately;
(b) you have read any written description of the Goods on the Website before submitting your Order;
(c) the colour of Goods as shown on the Website may vary slightly in real life; and
(d) where we provide dimensions and measurements in the descriptions of a Good , it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Shipping Address for delivery of the Good);
6. Price and payment
6.1 The Price in respect of a Good is specified on the Website.
6.2 Unless otherwise stated, all Prices quoted are in Fiji Dollars and where applicable, inclusive of Value Added Tax (VAT). Any fees and charges (e.g. Shipping Fees) imposed by these Terms also include VAT where applicable.
6.3 PROUDS Online reserves the right to change or alter Prices of Goods on the Website without notice to you. If you have already submitted an Order at a particular Price, there will be no change or alteration to that Price (provided your Order is not affected by a pricing error, in which case the procedure in clause 5.4 will apply).
6.4 For each Order, we will charge you and you agree to pay:
(a) the Price (which is the Price at the time the Order is submitted); and
(b) the Shipping Fee.
6.5 The total payment due will include shipping, fumigation (if applicable) and insurance charges in shipping the item(s) from our warehouse in Fiji. Destination charges such as Customs Duty, Handling charges, Customs Entry Fees, Extra Fumigation required by the Authorities of the landing nation is to be borne by you.
6.6 You can pay for your Goods by any of the methods specified on the Order form on the Website, including credit card or debit card. When paying by credit card you authorise PROUDS Online to place a hold up to the value of your Order on your card. [Payment is only debited from your card at the time your Order is ready for collection by a Delivery Agent used by PROUDS Online.] The name on the credit card used for the payment must match the name on the Order.
6.7 Lay by is not available for purchases made on the Website.
6.8 Any payment for an Order must be cleared by PROUDS Online before Goods are despatched. If your payment cannot be processed, your Order will be rejected under clause 4 and you will be notified of this via phone or email. If a credit card payment cannot be processed you should contact your card issuer first to try to resolve the problem, or use an alternative payment method in order to continue with your Order.
6.9 In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
6.10 You will receive an Order confirmation by email once payment has been processed.
7. Refunds
7.1 If PROUDS Online processes a refund under these Terms, it will use reasonable endeavours to process the refund within 5 Business Days. Receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. PROUDS Online is not liable for any loss, damage, cost, expense or injury you or any third parties incur as a result of any delay in processing your refund.
7.2 It is a condition of Visa, MasterCard and other card schemes that refunds be processed to the same card used in the original transaction to minimise the possibility of fraudulent activity on cards. PROUDS Online is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you used for your Order.
8. Delivery
8.1 PROUDS Online uses Delivery Agents to deliver your Goods. You agree that your details, including your Shipping Address, will be supplied to the Delivery Agent for the purpose of delivering your Goods.
8.2 Delivery will only be done to Physical addresses
8.3 Delivery is available within Fiji and selected international countries.
Delivery Times
8.4 PROUDS Online aims to achieve the delivery time frames set out below.
• 1- 4 Business days for within Fiji.
• 5-10 Business days for selected International countries.
8.5 In spite of the delivery times in clause 8.4:
a) PROUDS Online cannot guarantee that delivery will occur in the delivery time frames; and;
b) PROUDS Online is not liable for any Loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
8.6 During major sales events Orders may experience delivery delays.
General terms for delivery
8.7 Delivery of Goods will take place at the Shipping Address specified by you in the Order.
8.8 If you are personally unavailable to accept delivery, you may appoint a representative to accept delivery in your place. Subject to clause 8.9, the representative must be over 16 years of age and capable of receiving delivery on your behalf. You agree that we will be entitled to rely on your representative's instructions as if they were your own.
8.9 On delivery, the Delivery Agent may require you or your representative to provide them with proof of identity, such as photo ID or proof of age (for delivery of Goods). PROUDS Online may not make delivery of the Goods if the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of identity or age.
8.10 If there is no one available at the Shipping Address to accept delivery, or there is limited access to the Shipping Address or it is unsafe or impractical to make delivery or for any other reason delivery cannot take place, a note will be left at the door for the customer to collect their consignment from the specified TNT office. It is your responsibility to follow the instructions stated on the note. Please visit www.tnt.com for terms and conditions of TNT’s shipping policy.
8.11 You or your representative may be required to sign a delivery form to confirm that the delivery has taken place. If you refuse to sign the delivery document, this will be taken as a refusal to accept the delivery. Where redelivery is required because of refusal to accept delivery, you may be required to pay additional Shipping Fees.
8.12 Where you do not collect your Goods from the specified TNT office within 10 days of a failed delivery, you must call our Prouds Online Customer Service on +679 6722 477 or email at eshopper@motibhai.com.fj for further information about claiming your Order. If Goods are required to be redelivered, you may be required to pay additional Shipping Fees.
8.13 Once delivered, you must inspect and test the Goods and ensure the Goods delivered match your Order. You must let us know about any damaged, missing and incorrect Goods within 24 hours of delivery receipt by contacting our Prouds Online Customer Service on +679 6722 477 or email at eshopper@motibhai.com.fj. You can otherwise return Goods under clause 11. Any Goods replaced under the Returns Policy due to being faulty, damaged, or incorrect will be delivered to you free of charge.
8.14 In peak trading periods or where Goods in your Order are not available and need to be sourced from another location, this may result in delays in your Order being ready for collection.
9. Restricted Goods
9.1 You agree that in ordering Goods that are or contain Restricted Goods, that:
a) You are aged 18 years or over;
b) you acknowledge that it is against the Law to sell or supply the Restricted Goods to, or obtain the Restricted Goods on behalf of, a person under the age of 18 years; and
c) You warrant that you are not obtaining the Restricted Goods on behalf of a person under the age of 18 years.
9.2 Where PROUDS Online has reasonable grounds for believing you have breached clause 9.1, PROUDS Online may reject your Order under clause 4.1. We will refund any money paid to us in respect of your Order under clause 7.
10. Risk and title
10.1 Risk and title of the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.
11. Order cancellations and Returns
11.1 Unless provided for under these Terms, no cancellation or changes to Orders will be accepted and the Goods will be delivered to the stated Shipping Address. You will, however, be able to return Goods under Returns policy.
Shipping Fees and any gift wrapping charges will not be refunded if you return Goods for change of mind or incorrect size.
11.2 Goods can only be returned under the Returns Policy. The Returns Policy forms part of these Terms.
12. Returns Policy
12.1 Returns & Exchanges
a) PROUDS Online endeavours to give you the finest shopping satisfaction. However if due to some unforeseen circumstance you receive a faulty product then the following conditions apply:
i. PROUDS will accept the return of faulty items within 14 days of delivery if the item is still in sealable condition with its original packaging (original label and tags still attached, item is unworn, unused and in the same condition as when sold) and contents.
ii. PROUDS will not accept returns if:
• The fault has aroused from normal wear and tear.
• The damage has been caused by perfume, hairspray, bleach, harsh chemicals, water or other agents.
iii. The item will be returned at the customers own cost. If a replacement is unavailable PROUDS at its discretion will provide a refund.
iv. PROUDS will inspect the item once return is received. If an item returned as faulty is found to be not faulty, the item will be returned to the customer and the customer will be charged for the shipping fee.
For claims to be made the items must be sent to the below address within 14 days of delivery:
PROUDS Online Returns
Stinson Pearce PTE Ltd
Motibhai Building
PO Box 9175
1 Industrial Rd
Nadi Airport
Fiji Islands
12.2 Change of Mind
You should carefully check that your Order is accurate before you submit it to PROUDS Online since no exchanges will be accepted if you simply change your mind after order confirmation or receipt of shipment.
PROUDS is not required to provide you with a copy of your original receipt to facilitate an exchange, refund, insurance or warranty claim.
12.3 Valid Receipt
A valid receipt is either an in store registers receipt, in the instance of an online purchase the Order Confirmation Email.
12.4 Consumer Guarantees
If you believe an item is faulty, you may have rights to a remedy. These rights are not impacted by the change of mind policy. However the relevant time period may vary by product (or service) depending on the nature of the goods (or service), the price paid and any representations made about the goods (or service).
Where you believe an item is faulty, it may be necessary for us to send your goods to the manufacturer or their service agent for it to be assessed within a reasonable period of time. If there is a major failure with the item, you may choose a, exchange or repair. If the failure is minor, we will repair the item (or, at our discretion, we may replace the item) within a reasonable time.
Where an item is damaged through misuse or abnormal use, PROUDS cannot provide a refund, exchange or repair, whether the fault is identified by Prouds, the manufacturer or their service agent.
PROUDS will require satisfactory proof of purchase (valid receipt) before providing a remedy.
12.5 Return Tender
Refunds will be given using your original payment method, except in the following circumstances:
a) Gifts or Bonus with Purchase and Bundled Item
Where merchandise is purchased with a gift or bonus, the gift or bonus must also be returned (unless otherwise stated). If you are unable to return the gift or bonus or it is not in saleable condition, the value of any available refund will be reduced by the value of the gift or bonus. In the instance of bundle offers, all items within the bundle must also be returned or the value of the unreturned items will be deducted from any available refund.
b) Bonus Gift Voucher with Purchase
Where a bonus Gift Voucher is issued at the time of purchase, the bonus Gift Voucher must also be returned with the merchandise to qualify for a full exchange or refund. Where the bonus Gift Voucher has been fully or partially redeemed, the amount redeemed will be deducted from any available refund.
12.6 Privacy When Making a Return
PROUDS Online is committed to protecting your privacy. You may be asked to present photo identification so that we can record your name and verify your signature. Acceptable identification must also include your full name with a future expiry date. For example, a Driver’s Licence or Passport.
Information collected will be securely stored for a reasonable period of time. It may be used for fraud protection activities and for the purpose of PROUDS research and analysis. It may be disclosed to state and territory departments upon request, as required by law.
If you wish to access your information held by PROUDS Online in relation to returns, please contact the PROUDS Online Customer Service on +679 6722 477.
13. Product Recalls
13.1 Where a Good is subject to a product recall, you will be emailed by us with the details. Please contact PROUDS Online Customer Service on +679 6722477 or eshopper@motibhai.com.fj
13.2 You consent to us contacting you, using the personal information provided on your Order, to notify you of a product recall either by telephone, email or post.
14. PROUDS Privilege Card
14.1 PROUDS Privilege Card Members will be eligible for PPC points for purchases from the Website under the PROUDS Privilege Card Program Terms and Conditions.
14.2 For more information about the PROUDS Privilege Card or to join PROUDS Privilege Card, please visit http://www.prouds.com.fj/Frequent-Shopper.aspx
15. Promotions and Discounts
15.1 The Goods, Prices, and promotions that are offered on the Website may not correspond to those in a PROUDS Store.
15.2 PROUDS Online does not price match.
15.3 You may receive online offers and promotions, whether mailed to your home, distributed in a PROUDS store or emailed to you, which include a promotional or coupon code (Code) for use when shopping on PROUDS Online. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of placing an Order. We cannot apply the Code after you have submitted your Order. Separate terms may apply to the use of the Code. Please read these carefully to make sure they apply to your purchase from PROUDS Online. Any Code is non-transferable and may not be used in conjunction with other offers.
15.4 Certain offers, including cash back and bonus redemptions may involve sending a cash back form to the supplier and are subject to additional terms (as specified with the offer). You should read these terms carefully, as time limits will apply to cash back and bonus offer redemptions. Cash back and bonus redemption offers may exclude postage and handling costs and any other costs incurred as a result of redeeming the cash back and bonus.
15.5 All references to dates and times in promotions are based on the local time in Suva, Fiji unless stated otherwise.
16. Privacy
16.1 Personal Information, such as your contact details, that you provide to us during the Order process will be kept and used by us for the purpose of processing your Order under PROUDS Privacy Policy. See PROUDS Privacy Policy for further information on how to access or update any records of Personal Information.
17. Website Terms
17.1 See PROUDS Terms & Conditions for further information on trademarks, copyright and other applicable terms.
18. Warranties you make to PROUDS Online
18.1 You represent and warrant to PROUDS Online that PROUDS will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.
18.2 Subject to any rights you have under any consumer protection law, PROUDS Online excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms. You are entitled to certain rights under consumer protection law that cannot be excluded.
18.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
19. Termination
19.1 PROUDS Online reserves the right to, at its discretion; terminate the agreement for the supply of Goods to you and your use of the Website:
a) For convenience, at any time, upon provision of notice to you;
b) Immediately if PROUDS Online reasonably believes that you have breached these Terms and:
i. That breach is not capable of remedy; or
ii. If you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
20. General
20.1 PROUDS Online reserves the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time of Order are those that govern your relationship with PROUDS Online with respect to that Order.
20.2 PROUDS Online may give notice to you by electronic mail. You may give notice to PROUDS Online by electronic mail to our Prouds Online Customer Service at eshopper@motibhai.com.fj.
20.3 Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
20.4 A failure or delay by PROUDS Online to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by PROUDS Online does not preclude its future exercise or the exercise of any power or right.
20.5 A reference to a clause is a reference to a clause of these Terms.
20.6 The laws of Fiji govern this agreement. Your transaction is deemed to have taken place in Nadi, Fiji
