PREVIEW OF AMENDED TERMS AND CONDITIONS
Definitions used in this document
In this Agreement, unless the context indicates differently-
"TFG Account" means the account opened in your name to which we will debit amounts payable by you in terms of this Agreement, which is linked to the Card;
"Agreement" means the Credit Agreement that you accept in store and includes these terms and conditions ("Terms") and all notices that we send to you;
"Application" means your application for the Credit Facility which allows you to purchase on the Card, which purchases can be made at any TFG store, telephonically, or online;
"Business Day" means any day except for a Saturday, Sunday or public holiday;
"Card" means the card and the secondary card(s) that we issue to you and the secondary TFG Account holder(s) (as the case may be);
"Credit Agreement" means the credit agreement which you agree to, and sign in store when opening your Account, together with the Terms;
"Credit Allocation" means the maximum amount of credit that we make available for you to access and cannot exceed the Credit Limit;
"Credit Facility" means the revolving credit facility that we offer to you, subject to the Terms;
"Credit Limit" means the maximum approved amount of credit in terms of your Credit Facility;
"Due Date" means the date on which a payment is due, as set out in the statement of account;
"Interest Bearing Plan" means interest bearing payment Plans of 1, 6, 12, 18, 24 (six, twelve, eighteen, twenty four) months or longer
"FGRR" means The Foschini Group Reference rate, which is the rate of interest determined by TFG from time to time and is linked to the ruling South African Reserve Bank Repurchase Rate (the " repo" rate);
"NCA" means the National Credit Act, no 34 of 2005, and Regulations, as amended;
"Personal Information" means personal information as defined in the Protection of Personal Information Act 4 of 2013 ("POPIA ");
"Process/Processing" has the same meaning assigned thereto in POPIA;
"Suspensive Interest Plan" means a 1 (one) or 6 (six) month interest waived plan which may be interest bearing as per clause 9.5 below. Certain goods may not be purchased on this Plan;
"TFG" means Foschini Retail Group (Pty) Ltd, registration number 1988/007302/07, a registered credit provider, NCRCP 36, and an authorised financial services provider. Our address is Stanley Lewis Centre, 340 Voortrekker Road, Parow East, 7500. TFG includes any trading division of TFG, and where relevant, our subsidiary and holding companies, any subsidiary of any of our holding companies. TFG currently trades as: @home, @homelivingspace, American Swiss, Archive, Collette, Donna, Duesouth Escapes, Exact, The Fix, Fabiani, Foschini, Galaxy, Jet, Markham, Sportscene, Sterns, Totalsports, G-Star Raw, Mat & May, hi, RFO, Relay Jeans, Sneaker Factory and Soda Bloc. New trading divisions may be added from time to time;
"we", "us" and "our " means TFG;
"you" / "your" means the person who has agreed to enter into this Agreement and whose details are recorded on the Credit Agreement;
The headings of the various clauses in this Agreement have been inserted purely for the purposes of convenience and they will not be used to interpret the Agreement;
The singular includes the plural and vice versa.
Your Credit Facility
You have accepted the Credit Facility as set out in the pre-agreement statement and quotation and the Credit Agreement, which upon acceptance becomes part of the Agreement.
We hereby grant you the Credit Facility, subject to the Agreement.
We will issue you with a Card. The use of the Card is subject to these Terms.
We will debit all the amounts which you owe us under the Agreement, including charges and fees, to your TFG Account, on these Terms.
Use of your Card and Account
You are the only person who can use your Card. You cannot transfer it to any other person or allow another person to use it.
You may apply for secondary card(s) to be issued to a nominated person(s) and to link secondary card(s) to your TFG Account. These terms will also apply to the use of the secondary card(s). You will be responsible for all transactions made through the use of the secondary card(s) and all amounts will be debited to your TFG Account.
You may use your Card to purchase goods and services from any TFG store and TFG online store. When in store, you must sign the sales voucher when you use your Card to confirm receipt of the goods and/or the services. You will not be allowed to purchase on your TFG Account if your Card is not present in store. Your purchases will be charged to your TFG Account.
If your Card is lost or stolen, you must call customer services (see clause 18 below for contact details), as soon as you discover the loss. If we issue a new Card to you, we will charge you a card replacement cost for the replacement Card;
You must be in store to replace your Card;
We cannot replace your Card without your original ID book/ Smart ID Card being present;
When replacing your Card we will conduct a DIA Facial recognition check / authentication checks to verify that you are the Card holder.
Your Card will remain our property and we may cancel, suspend or demand the return of your Card at any time. Further, we may suspend and /or close your TFG Account at any time at our absolute and sole discretion, but we will not exercise this discretion unreasonably.
If your TFG Account has been used fraudulently, you must lodge a claim with TFG Credit Forensics (see clause 18 below for contact details) within 30 (thirty) days of the date of your statement reflecting the fraudulent use, or sooner if you become aware of it before this. Failure to do so could result in you being held liable for the fraudulent purchases made on your TFG Account. You will be required to provide us with certain documents to support your claim. These must be provided to us within 7 (seven) Business Days of lodging your claim, or the investigation may be closed, and you will be held liable for the purchases. We will investigate your claim, and if we conclude that you did not make the purchase(s), we will not hold you liable for the disputed purchases.
If you are a contract worker there may be limits / blocks placed on your TFG Account up to 6 (six) months before your contract comes to an end. You therefore need to inform us if these circumstances arise and will then need to provide us with new employment details to enable us to re-activate your TFG Account / Card. You can contact customer services for more information.
You may be required to pay a deposit with your first purchase, or when purchasing certain goods, and will be advised about this in store.
Understanding your Credit Limit and Credit Allocation
Any purchases you make are at all times limited to your Credit Allocation.
You undertake not to purchase in excess of the Credit Allocation.
Your Credit Allocation may be increased or decreased at any time by us in our sole discretion.
Your Credit Limit may be increased in the following instances:
temporarily, where we accept a purchase which results in the Credit Limit being exceeded or where we agree to raise the Credit Limit in response to a request from you in order to accommodate a particular purchase. You will then only be able to purchase again on your TFG Account when you have paid back the amount which exceeded your Credit Limit; or
by agreement with you in response to a written or oral request initiated by you at any time or with your written consent in response to a written proposal by us at any time; or
unilaterally and in accordance with the NCA, if you, at the time of applying for the Credit Facility or at any later time, in writing, have specifically requested the option of having the Credit Limit automatically increased from time to time.
You may at any time, by written notice to us, require that the Credit Limit be reduced or stipulate the maximum Credit Limit that you will accept.
We may, by notice to you, reduce the Credit Limit. The reduction will be effective upon delivery of the written notice.
We may, in our sole discretion, decide to extend the term of your Plan to assist you with meeting your monthly payment obligations. We will inform you of this in writing or via SMS. This will bring your TFG Account up to date for purposes of section 103(5) of the NCA.
If your circumstances change
If your financial circumstances or income changes at any time, or you become unemployed, you must notify customer services as soon as possible after these changes occur.
If you go under debt review, you must inform us of this immediately. You will not be allowed to purchase on your TFG Account while under debt review. If you have made an online purchase on your TFG Account and you subsequently apply for or go under debt review before the order is fulfilled, the order may be cancelled.
You agree that the address or the email address that you have provided to us at time of opening your TFG Account is the address where we must send all communication as well as legal communication to you and that such communication will be binding on you.
You must let us know in writing of any change to your address / email address, telephone or cellular phone numbers. If you fail to give notice of such a change, we may use the last information we have for you.
You will be deemed to have received a notice or letter five (5) Business Days after we have posted it to the address you have given us, and an email / sms on the same day.
Your monthly TFG Account statement ("statement")
You agree that we may provide you with statements periodically (at least once every 90 days). We may not send you statements when your TFG Account is dormant or has a credit balance.
We will send the statements to the address you elected in the Credit Agreement or to your chosen e-mail address or via sms. You can also view your statements online by registering on www.mytfgworld.com.
The statement will, amongst others, show: all transactions relating to the TFG Account, including all interest and other charges debited or credited to the TFG Account, the minimum amount that is payable to us on or before the Due Date stated on the statement, and the total amount due on your TFG Account.
An amount equal to or more than the minimum amount due must be paid to us on or before the Due Date. Non-availability of a statement shall not be a cause to withhold or reduce any amount due and payable to us. Information about your TFG Account and your payment obligations can also be obtained from customer services, on our website, or from any of our stores.
If you have not denied liability regarding a debit on your TFG Account and/or raised a query regarding the correctness of any statement within 30 (thirty) days from the date of the statement, you shall be deemed to have admitted liability to us in respect of the debit and to have accepted the statement as true and correct, unless you are able to prove the contrary.
Paying your TFG Account
We have the discretion to decide the minimum monthly amount payable (" Instalment") by you.
You may make payments at any TFG store, by electronic funds transfer (as set out on your statement), by debit order, or online. The payment method you choose is at your risk, and we will only consider a payment as properly made when we have received it and credited it to your TFG Account.
We will credit each payment made at the date of receipt of the payment, as follows -
firstly, towards any due or unpaid interest;
secondly, towards any due or unpaid fees or charges; and
thirdly, to reduce the amount of Principal Debt, which is the amount that becomes due when goods and services are purchased.
If your TFG Account has been credited with an early payment, we will allocate that credit towards your monthly Instalment payment for subsequent months, after which your monthly Instalment will again become due and payable. Early payments will not be credited towards subsequent months where a contractual payment is due monthly.
You can pay your TFG Account by monthly debit order. You will need to complete a separate debit order instruction form in store, or you can speak to customer services to arrange a debit order. You will be bound to the debit order terms and conditions which can be found on www.myTFGworld.com
Interest, costs and fees that we may charge you
We may charge an initiation fee for the preparation costs of this Agreement. We will inform you in the Credit Agreement if we charge this fee.
You agree to pay the monthly service fee on the Due Date. This fee is for the routine monthly administration of your TFG Account. If you do not pay this fee on time, it will be added to the outstanding balance and interest will be charged thereon. The service fee may be increased and we will give you notice of this. We may change the frequency of this fee from monthly to annually, in which event we will advise you of this in writing.
The interest rate payable by you will be the interest rate set out in the Credit Agreement, which is a variable rate. The total interest payable as well as the amount of the repayments stated in the Credit Agreement may change if the FGRR changes. We will notify you on your monthly statement of the date on which the new rate takes effect, within 30 (thirty) Business Days of the interest rate change.
Interest is calculated daily on your full outstanding balance and compounded monthly. We are entitled to add any unpaid interest to the outstanding balance and the Principal Debt.
Interest on Suspensive Interest Plans:
If your Suspensive Interest Plan is not in arrears at the beginning of the month, and you pay your full Instalment on or before the Due Date, the interest as set out in clauses 9.3 and 9.4 above will not be charged.
If you do not pay your full Instalment by the Due Date, interest will be charged as per clauses 9.3 and 9.4 above from the date when the purchases were made under this Plan, until you have brought your TFG Account up to date.
We will charge you collection costs each time you miss one or more payments, or short-pay, or you do not pay on the Due Date, and as a result of which we have to write a letter or email, send a SMS or call you to advise you of your default.
We may also charge for telephone calls and electronic communication if they are made or sent to a telephone number or e-mail address that you have provided us with, and are not delivered, or if a voicemail is left on your phone.
If we hand your TFG Account over to Attorneys or debt collectors for legal collection, you will be liable for their costs in full.
If we have to institute or defend any legal action of any nature whatsoever against you, you will be liable for all legal costs incurred by us, including but not limited to: legal costs on the "attorney and client scale", collection charges, tracing fees and all necessary disbursements plus value added tax (VAT) thereon (where applicable).
You may apply for a Credit Top-up for a high value purchase at selected TFG stores by completing the application form in-store.
Approval is subject to an affordability assessment.
Your credit limit must revert to what it was before the Credit Top-up before you will be allowed to purchase on your TFG Account again.
Optional financial products
Your TFG Account may be used to pay for optional financial products that TFG is licensed to offer, and which you have agreed to take up.
You agree that we may charge your TFG Account and collect the relevant amount(s) from you, for the financial products you have chosen to take up. The charging and collection of the amount(s) for these financial products as per this clause 11.2 may attract interest in terms of the Agreement. This interest is retained by us.
Separate terms and conditions apply for each optional financial product which will be provided to you when you take up the product.
Terminating your Agreement with us
You may terminate this Agreement at any time by advising customer services as per clause 18 below, and on the conditions set out below. The date on which this Agreement ends or terminates will be called the settlement date.
If you terminate this Agreement, you must pay us the settlement value on the settlement date. The settlement value will include the following amounts at the settlement date:
the unpaid balance of the Principal Debt; and
the unpaid interest and all other fees and charges you owe.
We may terminate this Agreement on notice to you if you fail to comply with these Terms.
If you fail to pay your TFG Account or comply with these Terms
You will be in default under this Agreement if -
you do not pay any amount payable to us under this Agreement on the Due Date; or
you breach any of the Terms of this Agreement and you do not remedy the breach; or
any representation or warranty made in connection with this Agreement or any other documents supplied by you is materially incorrect or false;
publish notice of the voluntary surrender of your estate or die;
are placed under administration or commit an act of insolvency as defined in the Insolvency Act 24 of 1936;
have any application or other proceedings brought against or in respect of you in terms of which a third party seeks to have you sequestrated or placed under curatorship, in any event, whether in a manner which is provisional or final, voluntary or compulsory.
If you are in default, we may:
give you written notice of such default via post, email or sms;
propose that you refer this Agreement to a debt counsellor, alternative dispute resolution agent, consumer court or Ombud with jurisdiction, with the intention that the parties resolve any dispute under this Agreement or develop and agree on a plan to bring repayments up to date;
commence legal proceedings to enforce this Agreement if -
we have given you notice as referred to in 13.2.2 above or we have given notice to end any debt review process which may be underway in respect of this Agreement; and
you have been in default of this Agreement for at least 20 (twenty) Business Days; and
at least 10 (ten) Business Days have passed since we delivered a notice to you contemplated in 13.2.2; and
in the case of the notice sent to you, have not responded to that notice, or rejected our proposal.
If you fail to pay any amount that is due, or, you fail to comply with any conditions of your Agreement, then -
all amounts owing by you to us may become due and payable immediately, at the discretion of TFG, and in the case of your estate being sequestrated or you going under administration, we will lodge a claim for the full amount outstanding on your TFG Account, plus further interest; and
we may suspend your TFG Account and give you 10 (ten) days' notice before closing your TFG Account, in which event you will be required to repay the TFG Account in full and on demand.
How we may process your Personal Information ("PI")
This clause 14 must be read in conjunction with TFG's Privacy statement which can be found at https://www.mytfgworld.com/browse/staticContent.jsp?pageName=privacy
For as long as you have a TFG Account, you expressly agree that:
we may collect and retain your PI for the purposes of opening and maintaining your TFG Account with us and establishing and verifying your identity;
we may make any enquiry to confirm and verify any information provided by you to us at any stage including at Application;
you will give us honest, accurate and up-to-date PI and maintain and update such information where necessary;
in the event that your Application is unsuccessful, we may check your credit record at a later stage at a credit bureau to enable us to contact you with an offer to open a TFG Account again;
we may maintain your PI for as long as we need to by law in order to maintain your TFG Account;
you have the right to access your PI held by us, during office hours within a reasonable time after we have received such a written request for access (see clause 18 for contact details);
you have the right to request us to correct or delete your PI that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully;
You have the right to object to the processing of your PI at any time in which event we will no longer be able to manage your TFG Account, and it will be closed after payment of any amount due by you (see Termination clause 12 above).
You expressly consent that we may share your PI with:
(a) registered credit bureau(x), the South African Credit and Risk Reporting Association (SACCRA), any organisation representing credit bureau(x), the Department of Home Affairs and other sources from time to time. We will share information concerning your Application, this Agreement and the termination thereof as well as information about your TFG Account and non-compliance with the terms of this Agreement. You acknowledge that the credit bureau(x) will provide a credit profile and possibly a credit score on your credit worthiness. You have the right to contact such credit bureau(x), to have the credit record(s) disclosed to you and to correct any inaccurate information. You acknowledge that we may also utilise alternative profile information such as: historical cash purchase behaviour at TFG, educational qualifications, household structure data, mobile device data, geographical data and / or property ownership when assessing your Application;
other companies to share positive and negative information about you or your TFG Account, including any non-compliance with the Terms of this Agreement;
payment processing service providers, merchants and banks and other persons that assist with the processing of your payment instructions;
law enforcement and fraud prevention agencies and other persons tasked with the prevention and prosecution of crime, including the SAFPS (the South African Fraud Prevention Services) to prevent futuristic identity fraud;
Regulatory authorities, industry ombudsmen, governmental departments, local and international tax authorities and other persons that we, in accordance with applicable laws, are required to share your PI with;
our service providers, agents and sub-contractors that have been contracted by us, including Attorneys and Debt Collecting agencies;
persons to whom we cede our rights or delegate our authority to in terms of this Agreement, without your consent and without notice to you. We may sell your TFG Account to third parties in the event that you have defaulted on your TFG Account. In such an event the third party will then process your PI.
third parties for the express purpose of them marketing their services and products to you, as per clause 15 below.
You acknowledge and expressly consent that we may process your PI for purposes of:
managing your TFG Account and your myTFGrewards membership, and enabling us, and any of our authorised representatives to fulfil our obligations in terms of this Agreement;
enabling us to detect fraud and criminal activities and to take the necessary measures to prevent any suspicious or fraudulent activity on your TFG Account;
processing your purchasing information and online browsing behaviour (where you have consented to tracking on our websites, mobile websites and apps) for: market and product analysis; customer analysis; monitoring your buying patterns, and using credit bureau data to enrich your profile to enable us to improve our personalised marketing offers to you; generating statistical and research reports for TFG use. Should we produce such research or statistical reports for external use, these reports will not contain any PI that identifies you;
interacting with you via various means including but not limited to: telephonic, in writing, email, SMS and WhatsApp.
You have the right to lodge a complaint with the Information Regulator on 010 023 5200
If you opt-in at time of opening your TFG Account, or any later stage, to receive direct marketing from us, we will send you marketing information and promotional offers as per clause 15.2 below ("the Marketing Services") from all of our brands across all the marketing channels you have opted-in to, which include: email, SMS/MMS, post and telemarketing ("the Channels"). When you opt-out of a particular Channel, you are opted-out of the Channel for that brand that was communicating to you when you opted out. In order to opt-out of all Marketing Services (for all brands and channels), please contact Customer Services as per clause 18. It could take up to 48 hours for your updated election to take effect.
The following brands, products and services are part of TFG and could market to you:
the retail brands listed in clause 1.17;
myTFGrewards, mytfgworld, myTFGmedia and myTFGmoney;
TFG insurance products and airtime / data offerings.
Additional brands, products and services may be added from time to time.
We may market any the Marketing Services to you on Saturdays, Sundays and public holidays and outside of prescribed times as set out in the Consumer Protection Act 68 of 2008 ("CPA"). We will not do this if you opt-out.
Each time we send you Marketing Services via the Channels, we will give you the option to opt-out of receiving further Marketing Services via that Channel from that brand.
Please ensure your contact details are kept up to date to ensure you receive Marketing Services, as we will not be held responsible if you do not receive personalised offers and information on limited time deals in the event that your contact details have changed.
Failure / Malfunction of networks and devices
We will not be responsible for any failure, malfunction or delay of any networks or electronic or mechanical device or terminal used in the acceptance and Processing of transactions and any other use of the TFG Account and will not be liable for any damages, losses, claims or expenses suffered suffered or incurred by you.
Your acknowledgements, representations and warranties
By signing this Agreement you acknowledge that -
you have the full legal capacity to effect and carry out your obligations in terms of this Agreement and that the terms of this Agreement do not conflict with and do not constitute a breach of the terms of any other agreement or undertaking that is binding to you.
you have not stipulated a child grant as income for purposes of assessing your affordability.
all information that you provided to us in connection with this Agreement is in all aspects true, complete, current and accurate, and you are not aware of any material fact or circumstances not disclosed to us, which if disclosed, would adversely affect our decision to grant credit to you.
you are not subject to an administration order, under debt review or under curatorship.
this Agreement has been explained to you and you understand and appreciate the costs, risks and obligations associated herewith.
as at the date of your Application for credit with us, you have not applied for or are in the process of taking up any additional credit.
if you are married in community of property, your spouse has consented to the conclusion of this Agreement in writing and his / her signature has been attested to by two witnesses.
you have read these terms and confirm that you understand their content, the meaning of which has been explained to you.
You have the right to resolve any dispute that may arise between us by way of alternative dispute resolution, or to file a complaint with the National Credit Regulator on 086 062 7627, or to make an application to the Consumer Tribunal, who can be contacted on 086 166 2837.
Please ensure your contact details are correct, and advise us of any changes to your contact details via E-mail - CustomerServices@tfg.co.za; Post - P.O. Box 6020, Parow East, 7500; and; Telephone - 0860 834 834
TFG Credit Forensics can be contacted via Email - email@example.com / Telephone - 021 938 7415
We may monitor and record all phone calls and other interactions with you.
You may request the Terms and certain other documents in Afrikaans, IsiXhosa and Sesotho. To the extent that any of our translated versions of our Terms conflict with the English version, the English version prevails.
If we have not strictly enforced the Terms of this Agreement at any time, you may not assume that the Terms have been waived or altered by us. The Terms will still apply and we will have the right to enforce the Terms at any time.
We may provide a letter from any of our managers, whose position it will not be necessary to prove, showing the amount that you owe to us. You agree that we may take any judgement or order that we are entitled to in law based on the amount contained in the letter, unless you disagree with such amount and are able to satisfy the court that the amount in the letter is incorrect.
This is the whole Agreement and no change or cancellation will be valid unless it is in writing and signed by both parties or is voice logged by us and subsequently reduced to writing, except for unilateral changes made by us in accordance with the NCA or changes to the Terms.
This Agreement is governed by South African Law.
In terms of Section 45 of the Magistrate's Court Act 32 of 1944 and at our option, any claim that may arise may be recovered in any Magistrate's Court having jurisdiction and you hereby consent to the jurisdiction of the Magistrate's Court.
We may amend or replace the Terms at any time and you will be bound to any changes made, and in such an event, a new agreement will not automatically come into being between us. Changes will be effective from a date to be advised to you.
As a TFG Account customer you are automatically a member of TFG Rewards. Visit https://www.mytfgworld.com for more information.
Special orders for jewellery
Any special orders placed for jewellery on your TFG Account will be subject to the terms and conditions for special orders, which you will receive when you place your special order.
If, after reading the Agreement and after we have explained it to you, you are still uncertain of your rights and your financial risk and obligations, we recommend that you obtain independent legal advice.
By signing the Credit Agreement you acknowledge and agree that you understand the Agreement, your rights, financial risk, and obligations, and that you are aware of and have paid special attention to all the terms printed in bold. (24/03/2021)