Terms & Conditions

These Terms and Conditions ("Terms") govern the use of thequirk.co.za (the "Website") and any purchase made through it. By placing an order with us, you agree to be bound by these Terms. Please read them before you buy.

1. Who we are

The Quirk is operated by Andrée and Alex Hughes, trading as "The Quirk", based in Johannesburg, South Africa.

  • Trading name: The Quirk
  • Business address: 48 Amarant Street, Weltevreden Park, Roodepoort, 1709
  • Company registration number : 1991/026348/23
  • VAT registration number: 770188094
  • Email: hello@thequirk.co.za
  • Phone: +27 81 060 9245

2. Our products

Every item we sell is curated or made by hand, so please read this section alongside each product's own description before you buy.

  • Gift Kits are assembled to order by Andrée in Johannesburg. Contents are exactly as listed on each product page.

We make every reasonable effort to represent our products accurately, including through photography, but colours may appear slightly differently depending on your screen.

3. Prices & payment

  1. All prices on the Website are displayed in South African Rand (ZAR) and are inclusive of VAT where applicable.
  2. Shipping costs are calculated and added at checkout and are shown separately before you confirm payment.
  3. Payment is processed securely through PayFast. We do not see or store your card or bank details — these are handled entirely by PayFast under their own security and compliance standards.
  4. If a pricing error appears on the Website (for example, due to a technical fault), we reserve the right to cancel any order placed at the incorrect price and will notify you and refund any payment made in full.

4. Order acceptance

Receiving an order confirmation email means we've received your order — it isn't automatic acceptance of that order by us. We reserve the right to decline or cancel any order, for example where a product is unexpectedly out of stock, where we suspect fraud, or where a pricing or listing error has occurred. If we cancel an order for any of these reasons, we will notify you and refund any payment made in full.

5. Delivery policy

  1. We currently deliver within South Africa only.
  2. Gift Kits are individually assembled once an order is placed; please allow a short processing time for assembly before dispatch, on top of courier transit time. Other in-stock items are typically dispatched sooner. Estimated timeframes are shown at checkout and confirmed by email once your order ships.
  3. We use reputable South African courier services. A shipping fee is calculated at checkout based on your order; orders above the free-shipping threshold shown at checkout ship free.
  4. Please make sure your delivery address and contact details are complete and correct at checkout — we can't be responsible for delays or non-delivery caused by incorrect address information you provided, and re-delivery after a failed attempt may incur an additional courier fee.
  5. Risk in the goods (for example, loss or damage in transit) passes to you once the courier has delivered to the address provided. If your order arrives damaged, please contact us within 48 hours with photos so we can resolve it with the courier and with you.

6. Cancellations & the 7-day cooling-off period

As an online store, purchases made through the Website are subject to the cooling-off right in section 44 of the Electronic Communications and Transactions Act, 2002.

  1. You may cancel your order without giving a reason within 7 (seven) days of receiving your goods.
  2. To cancel, email us at hello@thequirk.co.za with your order number, within the 7-day period.
  3. Goods must be returned to us in their original, unused condition and, where reasonably possible, in their original packaging.
  4. You are responsible for the direct cost of returning the goods to us, unless the goods were faulty or not as described (see Section 7 below), in which case we cover that cost.
  5. Once we've received the returned goods and confirmed they're in their original condition, we will refund your payment (less the direct cost of return where applicable) to your original payment method within a reasonable time, and in any event within 30 days.
  6. This cooling-off right does not apply to goods made or personalised to your specification once assembly or personalisation has begun, or once you've taken action that means the goods can no longer reasonably be resold as new (for example, a Gift Kit with its packaging opened and contents used).

7. Faulty, damaged, or incorrectly described goods

Separately from the cooling-off right above, section 56 of the Consumer Protection Act, 2008 gives you the right to return goods that are defective, unsafe, or don't do what they're supposed to do, within 6 (six) months of delivery.

  1. If this happens, contact us at hello@thequirk.co.za with your order number, a description of the fault, and photos where possible.
  2. You may choose, and we will provide, a repair, a replacement, or a full refund — this choice is yours, not ours.
  3. Returns under this section are at our risk and expense, not yours — we'll cover reasonable return shipping for genuinely faulty, damaged, or misdescribed items.
  4. This right doesn't apply to damage caused by normal wear and tear, misuse, or where a fault was already clearly disclosed to you before purchase (for example, a described age-related mark on a genuine antique).

8. Limitation of liability

Nothing in these Terms limits any right you have under the Consumer Protection Act, 2008 or any other law that cannot lawfully be limited or excluded. Subject to that, and to the fullest extent permitted by law, our liability to you for any claim arising from your purchase is limited to the amount you paid for the relevant product.

9. Intellectual property

The Quirk name, the Dram character and illustrations, and the content, photography, and design of this Website belong to The Quirk and may not be copied, reproduced, or used without our written permission.

10. Governing law

These Terms are governed by the laws of the Republic of South Africa, and any dispute will be subject to the jurisdiction of the South African courts, without prejudice to any right you have to refer a dispute to the National Consumer Commission, the Consumer Goods and Services Ombud, or another applicable alternative dispute resolution body.

11. Changes to these Terms

We may update these Terms from time to time, for example as our range or delivery partners change. The current version will always be available on this page, with the date it was last updated shown at the top.

12. Contact us

Questions about an order, a return, or these Terms? We're happy to help — email hello@thequirk.co.za or call +27 81 060 9245.