3.1 With regard to used goods you agree that the condition of the goods is not materially equal to that of the other goods and that these used goods might have scratches, marks and other flaws in them.
3.2 The Customer agrees that he/she shall accept the standard of the used goods and that may differ from the rest of the used goods sold and that the only guarantee with regard to these used goods are that they are suitable for their intended purpose and in the quality you could reasonably expect from used goods.
Return of goods
4.1 The Customer may not cancel an order for any goods whilst we are within the lead time quoted and the only time we will accept a return is if the goods were defective. If the Customer cancels the order we may deliver the goods to the Customer and demand payment of the purchase price.
Time limits: If the goods were defective the Customer must inform us within six months from delivery.
We will not have to accept any returns for unsuitability if the goods (which must be made within 10 days from delivery) if goods have been:
– partially or entirely disassembled,
– physically altered,
– permanently installed, attached, joined or added to, blended or combined with, or imbedded within, other goods or property.
5.1 There is a 3 to 6-week lead time for production or sourcing of the client’s goods if they are not available ex-stock. This lead time increases up to 8 weeks for custom designs or alterations on our existing designs.
5.2 We will deliver the goods to the Customer only once the Customer has paid the full amount of the purchase price.
5.3 Note: We are not responsible for the delivery of the goods. The Customer agrees that all delivery charges, fees and arrangements must be negotiated by the Customer and the relevant third party. The Customer hereby discharges Us from any damages and liability whether direct or indirect sustained during delivery or collection of the goods or items purchased from Us. We disclaim all liability and damages arising herein.
5.3 Out of Province deliveries: In addition to a potential production lead time (For products that are not available ex-stock) there is also a delivery lead time of up to four weeks to deliver from our warehouse to your door.
Free Nationwide delivery is only applicable when the purchase is made through our website, online portal or telephonically.
Free delivery will only apply to a formal, private physical address. (No PO Boxes, empty plots, parking lots, public spaces etc.)
Free delivery will not apply for sales, discounts, vouchers, previous lay buys or deposits etc. and will only apply when you have paid full price for your order.
We will only begin manufacturing of your product or release the goods for delivery once payment has been made in full and your funds have cleared into our company account.
We reserve the right to cancel your order for any reason at any time and in this scenario, we will refund your monies in full.
Should you cancel the order for any reason other than the goods received are defective we will charge a 25% cancellation admin fee and refund you the difference.
Please note that we outsource the nationwide delivery to a third-party logistics company. We will forward your tracking number and their contact details when your order has been dispatched.
Please note colour shades/ fabric textures may differ in real life compared to the photograph you see due to lighting etc.
Responsibility of measurements
6.1 Important note: We will not replace or refund you any amounts if the goods do not fit into a room or through a door. Please make sure that you do all measurements and establish the exact size specifications before ordering the goods.
7.1 We will warehouse the goods at no cost for 7 days from the date that the items are purchased.
After this the Customer is liable for a weekly warehousing fee calculated at 5% of the purchase price for the storage of the goods, which will be proportionately adjusted for periods less than 7 days.
8.1 The Customer’s claim for non-performance by Us will be limited to a refund of the purchase price of the goods.
9.1 We will remain the owners of the goods until you have paid the full purchase price and the goods have been delivered or collected.
If you have arranged with us to collect the Goods or have them delivered and do not collect or accept delivery on the agreed date, we will automatically start charging storage fees, and after 7 days we may sell the uncollected Goods. Your claim in this regard will be limited to that of a refund of the price obtained from the sale of these Goods, less any charges we have incurred, including storage charges and/ or cancellation fees.
10.1 Unless the purchased items received are defective or in the case of non-performance, the Customer is not entitled to a cash refund of any kind whatsoever. Any defects must be reported to Us by the Customer within 7 working days of the Customer accepting delivery of the goods. Failure to notify within the aforementioned period will constitute a waiver of the Customers right to make any claim whatsoever against Us.
11.1 Our lay byes never expire and are always valid so long as the Customer can provide an original invoice of the goods lay buyed.
11.2 In the event that the purchase price of the goods lay buyed increases and the Customer has failed to pay the original lay buyed purchase price in full within 6 months, the invoice price shall be adjusted and then the Customer shall be liable to pay the increased new lay buyed purchase price.
11.3Cancellation of any lay byes will result in the Customer being liable to pay a cancellation fee equal to 25% of the purchase price as envisioned in S17(3)(b) of the Consumer Protection Act.
12.1 F.A.B Furnisher only issues quotations in writing from the company POS system.
12.2 All written quotations are valid for a period of 14days
13.1 F.A.B Furnisher provides a two year manufacturing warranty on all products it sells.
13.2 The warranty period is applicable from date of delivery.
13.3 The warranty period does not extend from date of repair (if any)
13.4 The warranty excludes any trade in or reupholstered products not originally manufactured by F.A.B Furnisher.
13.5 The manufactures warranty will not cover misuse of products by the client.
13.6 F.A.B Furniture will only repair /replace portions of the product which fall under the manufacturer’s warranty purview
In terms of S11 of the Electronic Communications and Transactions Act (ECT) 25 of 2002 and the common law of contract, these terms and conditions are valid, binding and enforceable against all persons that access the F.A.B Furniture website. We may from time to time update or change terms without notice. You should check them periodically, as your continued use of the website will mean that you have accepted any revised terms.
This agreement and the use of this website are governed by the laws of South Africa.
You may browse or use our website for your own personal, private, educational, non-commercial and information purposes only. No other use is permitted without our prior written consent.
The unauthorized use, copying, reproduction, variation, modification or distribution of the content of this website, the uploading of any unlawful or damaging information or viral software, or the creation of any links to our website from any other website, is strictly prohibited.
We reserve the right to
Restrict your use and access to our website or part thereof in the event of any unauthorized use; suspend our website or any part thereof; terminate your account at any time if we believe that the information supplied by you is false or incomplete.
What we collect
We may collect the following information:
- Contact information including email address
- Demographic information such as postcode, preferences and interests
- Other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests. We will, of course, only contact you if you have given us your express permission to do so.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Intellectual Property Rights
All intellectual property on the website, including but not limited to content, trademark (or any confusingly similar trademarks), trade names, logos, pictures, videos, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to F.A.B Furniture and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to you in terms of the section A4 above, all other rights to intellectual property on the website are expressly reserved. No person shall amend, copy, use, decompile and/or reverse engineer the source code of the website. No person may use logos, icons or trademarks from the website as hyperlinks or for other purposes without F.A.B Furniture’s consent.
Disclaimer and limitation of liability
Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, F.A.B Furniture shall not be liable for any damage, loss or liability of any nature incurred by whomever resulting from access or use of our website or the purchase of any of our products or services. You hereby agree, to the extent permitted by law, to indemnify us against any loss, damage or claim that we may suffer as a result of your use of our website and/or its contents contrary to these terms.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
If you received a mailing from us, (a) your email address is either listed with us as someone who has expressly shared this address for the purpose of receiving information in the future (“opt-in”), or (b) you have registered on our website or otherwise have an existing relationship with us. We respect your time and attention by controlling the frequency of our mailings.
We will never share, sell, or rent individual personal information with anyone outside F.A.B Furniture unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information and to contracted service providers for purposes of providing services relating to our communications with you.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at email@example.com
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to firstname.lastname@example.org
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
TERMS AND CONDITIONS
All content included on this website, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of F.A.B FURNITURE its content suppliers and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this website is the exclusive property of F.A.B FURNITURE and protected by South Africa and international copyright laws.
Such content is used for non-commercial purposes. You are expressly prohibited from incorporating any of the material from this website in any other work, publication or website of your own or belonging to another.
The information, services, products and materials published on this website, including without limitation, text, graphics and links are provided on an “as is” basis. F.A.B FURNITURE makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, contents, materials, or products included on this site. Without limiting the generality of the a foregoing:
- A.B FURNITURE does not warrant that this website, will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality nor is it warranted that registered participants will benefit to the extent advertised or at all ; and
- Whilst F.A.B FURNITURE has taken reasonable measures to ensure the integrity of this website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this website are free of viruses, Trojans, bombs, time-locks or any other date or code which has the ability to corrupt or affect the operation of your system.
LIMITATION OF LIABILITY
In no event shall F.A.B FURNITURE and its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website. Such limitation shall also apply with respect to damages resulting from the inability to use this website, the operational failure of this website, or for any information, products, and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract, delict, strict liability or otherwise, even if F.A.B Furniture and/or any of its suppliers has been advised of the possibility of damages.
This website is only intended to provide helpful information to registered F.A.B FURNITURE participants. It is not intended to provide exhaustive treatment of any subject dealt with. The information on this website including, without limitation, all research, opinions or other content is therefore not intended nor does it constitute financial, accounting, tax, legal, or investment advice .
This website could include technical, typographical or other inaccuracies and you are urged to contact F.A.B FURNITURE to confirm all information contained on this website prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new editions of this website.
These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa in respect of any disputes arising in connection with this website.