If etika is contacted by a Consumer claiming goods are damaged, not as advertised or in accordance with its contract with the Retailer or otherwise unfit for purpose, then the Goods Retailer shall use all reasonable endeavours to find a solution which is satisfactory to that Consumer. If etika determines that the Retailer has not fulfilled the Retailer’s obligations to the Consumer in respect of the sale and supply of the relevant goods and/or services, etika may refund the Consumer (by reducing the amount of credit provided to the Consumer under the relevant Credit Agreement and cancelling any related charges) and debit the Retailer for the amount of the refund under clauses 5.5 and 5.6 of the Conditions.
Within 14 day cooling off period
Where a consumer exercises their rights under the 14 day cooling off period, the Retailer must promptly inform etika by requesting the loan be cancelled. Etika will then cancel the application and refund any payments made to it.
Outside 14 day cooling off period
Where a Consumer returns the entire contents of an order outside the 14 day cooling off period, and the Consumer does not want (or the Retailer is unable to or otherwise does not supply) a suitable replacement, the Retailer shall pay to etika the full amount paid to it by Etika under clause 5.3 of the Conditions and etika will credit the amount of the refund to the Consumer’s Credit Agreement. For the avoidance of doubt, this will include a full refund of delivery and shipping fees charged at the point of sale.
Partial Cancellation of an Order
If the Consumer returns an item but retains part of the order outside the 14 day cooling off period, and the Consumer does not want (or the Retailer is unable to or otherwise does not supply) a suitable replacement, the Retailer shall pay to Etika the value of the returned/undelivered item and Etika will credit the amount of the refund to the Consumer’s Credit Agreement.
Delivery of Goods and/or Services
The Retailer must make sure that all goods and/or services purchased from the Retailer which are linked to a Etika Credit Agreement must, in the case of Goods, be shipped to the named individual at the address provided in the Credit Agreement application, and in the case of services, provided to the named individual at the address provided in the Credit Agreement application. The Retailer shall ensure that each delivery requires the Consumer’s signature at the point of delivery as positive confirmation of delivery. If the Retailer fails to do so, the Consumer may claim for non-delivery in which case the Retailer shall pay to Etika the full amount paid to it by Etika under clause 5.3 of the Conditions and Etika will credit the amount of the refund to the Consumer’s Credit Agreement.
Proof of Delivery
In resolving disputes with a Consumer, Etika may, from time to time, request evidence of delivery and that the Retailer has complied with the Etika ‘Delivery of Goods and/or Services’ policy (see above). The Retailer must supply this evidence to Etika within 14 (fourteen) days of any such request. If the Retailer fails to do so Etika may treat the Retailer as being in breach of its obligations to the Consumer in respect of the sale and supply of the goods and/or services and Etika may refund the Consumer (by reducing the amount of credit provided to the Consumer under the relevant Credit Agreement and cancelling any related charges) and debit the Retailer for the amount of the refund under clauses 5.5 and 5.6 of the Conditions.