Delivery, returns, privacy and the terms we trade under — plus a way to reach a person.
These Terms and Conditions (“Terms”) govern your use of www.pumkingrey.com (the “Website”) and the sale of goods by PUMKINGREY (Pty) Ltd, registration number 2022/890683/07, a private company incorporated in South Africa and trading as “PumkinGrey” (“we”, “us” or “our”). They apply to anyone who browses the Website, creates an account, or places an order (“you”). By using the Website or placing an order you agree to these Terms.
We are a South African online retailer. We sell goods in our own name and for our own account. We are not a marketplace and we do not act as anyone’s agent — every product on the Website is sold to you by us, and your contract of sale is with us alone.
Our address is D103b Nongalwana Crescent, Ikwezi Park, Khayelitsha, Cape Town, 7784, South Africa. You can reach us at admin@pumkingrey.com, on (+27) 78 599 4394 or (+27) 62 760 3718, or by WhatsApp on 069 383 3764.
We do not use passwords to sign you in. You sign in with the email address and mobile number on your account, and we send a 6-digit one-time code to confirm it is you. The code is valid for 10 minutes, can be used once, and is cancelled after five wrong attempts. Codes are only ever sent to the contact details already on your account.
Because of this, control of your registered email account is what protects your PumkinGrey account. You agree to keep your email address and mobile number accurate, to keep that email account secure, and to tell us at admin@pumkingrey.com without delay if you lose control of either or suspect unauthorised access.
Until you tell us, we may treat anyone who completes verification as you. We are not liable for loss caused by someone else obtaining control of your email account or mobile number, except where the loss results from a failure of our own verification system, our gross negligence, or our fraud.
Order links. When you place an order we email you a link to view it. That link works for 90 days and anyone who has it can see that order — including the name, contact details and delivery address on it. Treat it like a receipt: do not forward it to anyone you would not want to see those details. Cancelling an order always requires you to be signed in; a link alone is never enough to cancel.
Nothing in this clause limits our liability for gross negligence, fraud, death or personal injury caused by our negligence, or anything else that cannot lawfully be excluded under South African law, including the Consumer Protection Act 68 of 2008 (“CPA”) and the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”).
In addition to your rights in clauses 8 and 9, you may return most unused, unopened goods in their original packaging with tags attached, for a refund, within 30 days of placing your order. Full details are in our Return Policy, which forms part of these Terms.
We cannot accept the return of goods sealed for health or hygiene reasons — cosmetics, skincare and personal-care items — once the seal is broken or the goods have been used, unless they are defective (clause 9).
Because you are contracting electronically, section 44 of ECTA lets you cancel without reason and without penalty within 7 business days of receiving the goods, by written notice to admin@pumkingrey.com. This does not apply to goods made to your specification or to goods sealed for health or hygiene reasons that have been unsealed. If you cancel, we refund you within 30 days, less the direct cost of returning the goods, and you return them at your own expense unless we agree otherwise.
Nothing in these Terms limits your rights under sections 55, 56 and 61 of the CPA. If goods are defective, unsafe, or fall short of the quality and durability a reasonable consumer is entitled to expect, you may within 6 months of delivery return them without penalty, at our risk and expense, and choose a repair, a replacement or a refund. We are liable for harm caused by unsafe or defective goods, or by inadequate instructions or warnings, in accordance with section 61 of the CPA.
To the maximum extent the law allows, we exclude liability for indirect or consequential loss arising from your use of the Website or your purchase. Nothing in these Terms limits our liability for gross negligence, fraud or fraudulent misrepresentation, death or personal injury caused by our negligence, or any other liability that cannot lawfully be excluded under South African law, including the CPA and ECTA.
The PumkinGrey name and logo, and the content, images, text and design of the Website, are owned by or licensed to us and may not be copied or reused without our written permission, beyond what is reasonably needed to place an order.
You may not try to gain unauthorised access to any account, system or data; submit false or misleading information; place fraudulent orders; or interfere with the working of the Website. We may suspend or close your account and cancel pending orders if we reasonably believe you have.
We process personal information under the Protection of Personal Information Act 4 of 2013 (“POPIA”), as set out in our Privacy Notice. Where the Privacy Notice and these Terms differ on personal information, the Privacy Notice applies. Contact privacy@pumkingrey.com to exercise your POPIA rights.
We are not liable for delay or failure caused by something beyond our reasonable control — for example a natural disaster, an act of government, or a courier, network or payment-system failure. We will tell you if it affects your order and will limit the impact on you as far as we reasonably can.
As required by section 43 of ECTA, before you order we make available: our full name and legal status and our address and contact details (clause 1); a description of the goods sufficient for an informed decision (the product page); the full price and delivery cost (clauses 5 and 6); the manner of payment (clause 5); the time for delivery (clause 6); and your cooling-off, return and refund rights and how to use them (clauses 7, 8 and 9). If we fail to comply with section 43(1), you may cancel within 14 days of receiving the goods under section 43(2).
Please contact us first at admin@pumkingrey.com so we can try to resolve it. If we cannot, you may refer the matter to the National Consumer Commission, or — for personal information — the Information Regulator (South Africa).
These Terms are governed by South African law, and any dispute may be brought before a South African court of competent jurisdiction. Nothing in these Terms requires you to arbitrate, or removes your right to approach a South African court.
PUMKINGREY (Pty) Ltd,
trading as PumkinGrey
Registration number 2022/890683/07
D103b Nongalwana Crescent
Ikwezi Park, Khayelitsha
Cape Town, 7784
South Africa
admin@pumkingrey.com | privacy@pumkingrey.com
(+27) 78 599 4394 |
(+27) 62 760 3718