Please read these Terms and Conditions carefully beforeplacing an order with Furnicraft. If you do not accept these Terms andConditions, then you may not place an order with Furnicraft. These Terms and Conditions are subject tochange by Furnicraft from time to time, effective when posted on the Furnicraftwebsite. Notice of any change byFurnicraft will be brought to your attention on the Furnicraft website. Yourcontinued use and acceptance of such Terms and Conditions after such noticewill constitute acceptance by you of such changes.
1. INTERPRETATION ANDDEFINITIONS
The headnotes to the clauses of these Terms and Conditionsare inserted for reference purposes only and shall in no way govern or affectthe interpretation hereof.
Unless inconsistent with the context, any expression hereincontained, including any expression and any definitions thereof which denotesany gender, includes the other genders; a natural person, includes anartificial person and vice versa; the singular, includes the plural and viceversa.
If any provision in a definition is a substantive provisionconferring rights or imposing obligations on any Party, notwithstanding that itonly appears in a definition clause, effect shall be given to it as if it werea substantive provision in the body of these Terms and Conditions.
The words "include" and "including" mean"include without limitation" and "including withoutlimitation". The use of the words "include" and"including" followed by a specific example or examples shall not beconstrued as limiting the meaning of the general wording preceding it.
Unless inconsistent with the context, the expressions setforth below shall bear the following meanings:
"Customer"means you, the purchaser, who wishes to place an order to purchase a Productfrom Furnicraft, via the Furnicraft website.
"CPA"means the Consumer Protection Act 68 of 2008, as amended from time to time.
"ECTA"means the Electronic Communications and Transactions Act 25 of 2002, as amendedfrom time to time.
"Furnicraft"means Furnicraft, a private company with limited liability, incorporated inaccordance with the company laws of South Africa, with registration number2008/183093/23.
"Parties"means Furnicraft and the Customer, and "Party" shall have a correspondingmeaning;
"Product"means the product for sale by Furnicraft, via the Furnicraft website.
"PurchasePrice" means the amount upon which Furnicraft agrees to sell theProduct to the Customer, which includes VAT and excludes the delivery charge.
"VAT"means Value-Added Tax as provided for in terms of the Value-Added Tax Act 89 of1991.
"workingdays" means every day, excluding Saturdays, Sundays and gazetted SouthAfrican public holidays.
The Purchase Price of the Product is displayed on theFurnicraft website, accompanying the Product and its description. The PurchasePrice is quoted in South African Rands, is inclusive of VAT, and is valid andeffective only in South Africa. TheProducts as displayed on the Furnicraft website are subject to stockavailability. The Purchase Price doesnot include delivery charges. Despiteour best efforts to display the Products and its related Purchase Priceaccurately, there is the possibility of Products being incorrectly priced. If a Product's actual Purchase Price ishigher or lower than the price stated on the Furnicraft website, Furnicraftshall be entitled, at its discretion, either to contact the Customer forfurther instructions before processing, manufacturing, or shipping of theProduct to the Customer, or to cancel the Customer's order and immediatelynotify the Customer of such cancellation. In the event the that Customer hasalready paid the Purchase Price and delivery charges in respect of the order socancelled, Furnicraft shall refund the Customer with the Purchase Price and thedelivery charges paid to Furnicraft in respect of the aforesaid order, within30 (thirty) calendar days from the date of cancellation.
Only once the Purchase Price has been paid for in full bythe Customer, the order will be put into production for manufacturing.
Product colours may look different on your computer comparedwith the colour of the actual Product. This is because computers display colours differently depending on thetype of computer screen (LCD, plasma, desktop, laptop, etc). Furnicraft will not be held responsible forany mistake in ordering a Product where the actual colour differs from thecolour appearing on the Furnicraft website viewed from your computer.
Delivery days are Mondays to Fridays. Subject to a Furnicraft store's availability,a Customer may arrange with any Furnicraft store, should that Customer requirea Product to be delivered on a Saturday. Deliveries will only be completed once the Purchase Price and thedelivery charge has been paid and received by Furnicraft, in full. No cash on delivery will be accepted. When you accept these Terms and Conditions,you accept that delivery can take between 10 (ten) and 15 (fifteen) workingdays, both inclusive (the "delivery period").
While every effort is made to meet all delivery dates andtimes as provided for in these Terms and Conditions and/or upon placing theorder, it does happen from time to time where delays, out of Furnicraft'scontrol, are encountered. In the eventthat Furnicraft is unable to deliver the Product to the Customer within thedelivery period, Furnicraft will immediately notify the Customer of suchfailure. In the event that theFurnicraft has failed to deliver the Product to the Customer within thedelivery period, the Customer shall be entitled to cancel the order, by providing the Furnicraft with writtennotice of its election, and on receipt thereof, Furnicraft shall refund theCustomer with the Purchase Price paid to Furnicraft in respect of the aforesaidorder, within 30 (thirty) calendar days from the agreed delivery date or onexpiry of the delivery period, whichever is the later. In the event that the Customer is notavailable at the agreed delivery date, Furnicraft may incur, for the additionalexpense of the Customer, additional delivery charges. Such additional deliverycharges shall not exceed R 250.00 (Two hundred and Fifty Rands). Deliveries will only be made by Furnicraftwhere there is reasonable access at the Customer's chosen deliveryaddress. It is the Customer'sresponsibility to see that breakable items are removed from the path of thedelivery of the Product and to ensure that Product can pass through easily. Furnicraft will not be held liable for anyloss incurred by the Customer and/or any third party in relation to the damageof any property and/or injury to any person, during the delivery of theProduct, where the Customer has failed to comply with these Terms andConditions.
Note: "A customer service advisor will contact you toarrange delivery as soon as the Products are ready to go."
The Customer may elect to collect the Product from aFurnicraft store, subject to the Furnicraft store's availability. Thecollection must first be authorised by Furnicraft before the Customer maycollect the Product. Full payment of the Purchase Price of the Product isrequired before Furnicraft can authorise a collection. Prior arrangements with a customer serviceadvisor are essential before a Customer may collect its Product. Uponcollection, the Product must be jointly inspected, by a delegated Furnicraftemployee and the Customer, before the Customer may leave with the Product.
Note: "A customer service advisor will contact you toarrange collection as soon as Products are ready to go."
6. RETURNS &REFUNDS
In accordance with Section 44 of ECTA and Section 16 of theCPA:
In the event that a Customer is not satisfied with theProduct purchased and received, he shall be entitled to cancel, without reasonor penalty, within 7 (seven) calendar days from the date of receipt. TheCustomer shall be entitled to a full refund of the Purchase Price and deliverycharges, less the direct cost of returning the Product. Such refund shall bemade within 15 (fifteen) calendar days of the date of cancellation.
In accordance with Section 20, read with Section 55 andSection 56 of the CPA:
To the extent that the CPA applies, our Products carry animplied warranty in accordance with the CPA, which gives the Customer the rightto return unsafe and/or defective Products for either a repair, replacement orfor a refund. The Customer shall beentitled to apply Section 56 of the CPA, where the Product does not comply withthe standards of Section 55 of the CPA and this warranty shall apply for aperiod of 6 (six) calendar months after receipt of the Product.
Furnicraft shall inspect and assess the Product to bereturned, in terms of Section 55 of the CPA, and if, upon inspection, theProduct is found not to be defective, or if the Product has been altered orinstalled against the manufacturers' instructions or permanently installed, orsubsequently damaged as a result of the Customer's negligence or misuse of theProduct (for a purpose other than for what the manufacturer intended), then Furnicraft will not be able to acceptthe Product and refund the Customer, and the Customer shall be liable for thecollection and delivery charges.
7. PAYMENT OPTIONS
The Customer shall be entitled to effect payment as follows:
1. By means of an electronic funds transfer into thenominated bank account of Furnicraft, which bank account may be amended fromtime to time, on notice, by Furnicraft; or
2. By credit card through our secured electronic paymentsystem.
Either means of payment, shall be subject to confirmation byFurnicraft, which may take up to 3 (three) working days, in order to ensurethat the Purchase Price and any delivery charges have been paid in full. Onconfirmation by Furnicraft, the order shall be processed.
Note that the Customer shall not be entitled to enter into aLay-By Agreement with Furnicraft via the Furnicraft website, and should theCustomer wish to enter into a Lay-By Agreement in respect of a Product theCustomer wishes to Purchase, the Customer must attend at a Furnicraft store toconclude such an agreement.
8. NO VARIATION
No variation of, or addition to or agreed cancellation ofthese Terms and Conditions shall be of any force or effect unless it is reducedto writing and signed by or on behalf of the Parties.
9. NO WAIVER
No waiver or indulgence of whatsoever nature shall be of anyforce of effect, including a waiver or indulgence in respect of this clause,unless it is reduced to writing and signed by and on behalf of the Parties.
10. INDULGENCES,LENIENCY AND EXTENSIONS
No indulgence, leniency or extension of time which a Party(the "grantor") may grant or show to the other, will in any wayprejudice the grantor or preclude the grantor from exercising any of his rightsin the future.
If any particular provision and/or term of these Terms andConditions are found to be defective or unenforceable or are cancelled for anyreason (whether by any competent Court or otherwise) then the remainingprovisions and/or terms shall continue to be of full force and effect. Each provision and/or term of these Terms andConditions shall accordingly be construed as entirely separate and separatelyenforceable in the widest sense from the other provisions and/or terms hereof.
12. PROHIBITION OFCESSION AND ASSIGNMENT
The Customer shall not be entitled to cede or assign any ofits rights, or delegate any of its obligations hereunder without the priorwritten consent of Furnicraft first being obtained.
13. GOVERNING LAW ANDJURISDICTION
These Terms and Conditions shall be governed by, and shallbe interpreted in accordance with, the laws of South Africa. The Parties herebyconsent to the Magistrate's Court jurisdiction in terms of Section 45 of Act 32of 1944.