1. Definitions & Interpretation
1.1 In these Terms & Conditions (the “Terms”):
- “Buyer” means you, the person placing an order and acquiring Goods from us;
- “Goods” means all furniture items, accessories, products, services (including assembly or installation) offered for sale by us;
- “Contract” means the binding agreement between us and you for the sale of the Goods in accordance with these Terms;
- “Delivery Address” means the location specified by you for delivery of the Goods;
- “Business Day” means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa;
- “Regulated Transaction” has the meaning given in section 17 of the Consumer Protection Act;
- Headings are for convenience only and do not affect interpretation.
2. Application of Terms
2.1 These Terms apply to all offers, orders, sales and supply of Goods by us to you unless we expressly agree otherwise in writing.
2.2 By placing an order with us you acknowledge that you have read, understood and accepted these Terms and you warrant that you are legally capable of entering into the Contract.
2.3 No amendment, variation, cancellation or waiver of these Terms will be binding unless confirmed in writing and signed by our authorised representative.
3. Offers, Orders & Contract Formation
3.1 All images, descriptions, specifications, pricing and product-information on our website, catalogue or showrooms are subject to change without notice and are provided for general guidance only.
3.2 An order placed by you constitutes an offer to purchase the Goods in accordance with these Terms.
3.3 We will confirm receipt of your order via electronic mail (“Order Confirmation”). The Contract is formed only when we issue an Order Acceptance in writing or when we dispatch the Goods and you make payment (whichever occurs first).
3.4 We reserve the right to decline or cancel any order (for example, in the event of insufficient stock, incorrect pricing or a system error) prior to Contract formation. If a deposit has been paid, we will refund you in full.
4. Pricing, Payment & Taxes
4.1 All prices are quoted in South African Rand (ZAR) and include VAT unless otherwise stated.
4.2 Delivery, assembly and other ancillary charges may apply and will be specified in the Order Confirmation.
4.3 Payment must be made in full and cleared funds before delivery or collection unless we specifically agree alternative terms.
4.4 Title to the Goods remains with us until full payment has been received. You are responsible for all taxes, duties, levies or other charges imposed by any authority.
4.5 If you fail to pay any amount when due, we may, without prejudice to our other rights: charge interest at the rate prescribed in the National Credit Act or such other rate as we notify; suspend deliveries; require full payment before processing further orders.
4.6 Should pricing errors be identified (such as obvious typographical errors), we reserve the right to correct the price and you may choose to proceed at the corrected price or cancel the Contract.
5. Stock, Availability & Specification
5.1 Goods are subject to availability. We will endeavour to maintain stock but cannot guarantee uninterrupted supply.
5.2 Where Goods are manufactured to order, lead times will apply and you will be advised at the time of order.
5.3 We reserve the right to alter the specification, dimensions, weight or finishes of any Goods without notice, provided such alteration is immaterial and does not materially affect the delivery or performance of the Goods.
6. Delivery & Risk
6.1 Delivery will be effected to the Delivery Address on a Business Day during normal working hours unless otherwise agreed. You must ensure safe and clear access, adequate floor support and readiness to receive the Goods.
6.2 Risk of damage to or loss of the Goods passes to you upon delivery or if you collect, upon collection.
6.3 Title to the Goods remains with us until payment is made in full.
6.4 If you fail to accept delivery or make required arrangements: we may store, sell or otherwise deal with the Goods, charge you for storage, transport or loss, and hold you liable for costs.
6.5 Delivery times are estimates only. We will not be liable for delay beyond our control nor for any indirect or consequential loss arising from delay.
7. Inspection, Acceptance & Collection
7.1 You must inspect the Goods on delivery, check for damage, correct quantity, finish, defects and any visible fault.
7.2 If you accept the Goods, you will be deemed to have accepted them as conforming unless you give written notice of non-conformity within 48 hours of delivery/call for collection.
7.3 For collection: Upon full payment and presentation of your invoice or order number you may collect the Goods from our premises. We do not accept liability for any damage or missing items once Goods have been removed from our premises.
8. Returns, Cancellation & Change of Mind
8.1 This clause is subject to your rights under the Consumer Protection Act (including the 20-business-day cooling-off period applicable to Regulated Transactions).
8.2 If Goods are returned under change-of-mind (non-defective goods): they must be in original, un-assembled condition, unused, with all packaging intact and within 7 calendar days of delivery or collection (unless otherwise agreed). We may charge a restocking fee (for example 15 % of price), and you bear return transport and handling costs.
8.3 Custom-made, bespoke, personalised or discontinued Goods are not eligible for change-of-mind returns.
8.4 If the Goods are defective or not as ordered: you must notify us in writing within 48 hours of delivery. We will inspect, repair, replace or refund at our discretion.
8.5 You may cancel your order prior to dispatch/collection by giving written notice. For bespoke orders we may charge cost incurred up to cancellation.
8.6 If you have used credit facilities / finance, the terms applicable to the finance provider also apply.
9. Warranty
9.1 Subject to clause 8.4 and the Consumer Protection Act, we warrant that the Goods will be free from defects in materials and workmanship under normal domestic use for a period of 12 months from delivery (or such longer period as specified).
9.2 This warranty excludes: fair wear and tear; misuse; accidental damage; failure to follow care instructions; installation not carried out by our team (if we offered assembly service).
9.3 Our liability under warranty is limited to repair or replacement of the Goods (or part) at our discretion.
9.4 This warranty is supplementary to any statutory rights you may have under applicable law.
10. Trade / Wholesale Customers
10.1 Trade or wholesale customers may be subject to separate terms, pricing and credit account conditions.
10.2 Goods sold to trade customers for business use may carry different warranties and exclusion of consumer cooling-off rights (as permitted by law).
10.3 It is your responsibility to seek appropriate tax and accounting advice.
11. Promotions, Vouchers & Coupons
11.1 Promotions are subject to availability, expiry dates and may not be combined unless explicitly stated.
11.2 Gift vouchers are non-transferable, not redeemable for cash, and expire as per voucher terms.
11.3 Fraudulent use of vouchers or promotions may result in cancellation or legal action.
12. Limitation of Liability
12.1 To the fullest extent permitted by applicable law, we will not be liable for any indirect, special, incidental or consequential loss (including loss of profit, revenue or business interruption) arising from your purchase or use of the Goods.
12.2 Our aggregate liability for any claim under these Terms shall not exceed the purchase price of the Goods.
12.3 Nothing in these Terms excludes liability for death or personal injury caused by our negligence, or for fraud or wilful misconduct.
13. Intellectual Property
13.1 All intellectual property rights in our brand name, logo, website content, promotional materials and designs remain our exclusive property.
13.2 You must not copy, reproduce or utilise those rights without our prior written consent.
14. Data Protection & Privacy
14.1 We collect, use and store your personal information in accordance with our Privacy Policy and applicable data protection legislation.
14.2 We may share your personal information with third-party service providers (for example delivery, payment) but will ensure appropriate safeguards are in place.
15. Force Majeure
We will not be liable or responsible for any failure or delay in performing our obligations under the Contract caused by circumstances beyond our reasonable control (for example acts of God, fire, flood, strikes, supply shortages, government restrictions).
16. Governing Law & Jurisdiction
16.1 These Terms are governed by the laws of the Republic of South Africa.
16.2 Any dispute arising under or in connection with these Terms will be subject to the non-exclusive jurisdiction of the courts located in Gauteng, South Africa.
17. General
17.1 If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be severed and the remainder shall remain in full force and effect.
17.2 No waiver of any term shall operate as a waiver of any subsequent breach.
17.3 These Terms, together with our Order Confirmation and invoice, constitute the entire agreement between you and us relating to the purchase and supply of the Goods.
Craft City Furniture
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