GENIE BEDS TERMS AND CONDITIONS OF USE
Unless the context indicates otherwise, the following words, terms or expressions shall have the meanings assigned to them hereunder in these Terms and cognate expressions shall have corresponding meanings:
1.1. “Business Day” means a day which is not a Saturday, Sunday or a public holiday gazetted in the Republic of South Africa from time to time;
1.2. “Company” means Abusons Close Corporation (registration number: 1998/066976/23) T/A Genie Beds, a close corporation duly incorporated in accordance with the laws of the Republic of South Africa;
1.3. “CPA” means the Consumer Protection Act 68 of 2008, and the Consumer Protection Act Regulations, as amended or replaced from time to time;
1.4. “Minor” means an individual under the age of 18 (eighteen) years old;
1.5. “Personal Information” means personal information as defined in the Protection of Personal Information Act 4 of 2013;
1.6. “Products” means the Genie Beds which includes the mattress and the base;
1.7. “Services” means provision by the Company, and/or its agents and contractors of the Products and the Website.
1.8. “Terms” means these standard terms and conditions, including any schedules and attachments; and
1.9. “Website” means any one or more of the websites owned or controlled by the Company including but not limited to www.geniebeds.com
Unless a contrary intention clearly appears:
2.1. the headings of the clauses in these Terms are for the purpose of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the terms of these Terms nor any clause hereof;
2.2. words importing:
2.2.1. any one gender include the other two genders;
2.2.2. the singular include the plural and vice versa; and
2.2.3. natural persons include created entities (corporate or unincorporate) and the state and vice versa;
2.3. CERTAIN PROVISIONS OF THESE TERMS HAVE BEEN TYPED IN BOLD RED CAPITAL LETTERS IN ORDER TO BRING THEM TO YOUR PARTICULAR ATTENTION, BECAUSE THEY MAY:
2.3.1. LIMIT THE RISK OR LIABILITY OF THE COMPANY OR ANY OTHER THIRD PARTY;
2.3.2. CREATE A RISK OR LIABILITY FOR YOU;
2.3.3. COMPEL YOU TO INDEMNIFY THE COMPANY OR ANY OTHER THIRD PARTY; AND/OR
2.3.4. SERVE AS AN ACKNOWLEDGEMENT OF A FACT BY YOU.
PURPOSE, APPLICATION AND AMENDMENT
3.1. These Terms govern the ordering, sale, delivery, return of Products and the use of the Website.
3.2. The Company provides the Website to enable you to browse and purchase the Products.
3.3. To fully understand your rights and duties, you must read these Terms carefully, and contact the Company if you do not understand any provision.
3.4. BY ORDERING ANY PRODUCT OR USING THE WEBSITE IN ANY WAY, YOU ARE REGARDED AS HAVING ACCEPTED THESE TERMS, WITHOUT LIMITATION OR QUALIFICATION.
3.5. If you are ordering any Product on behalf of a company, entity or organisation (collectively the “Organisation”), then you warrant that you:
3.5.1. are an authorised representative of that Organisation;
3.5.2. have the authority to bind that Organisation to the Terms; and
3.5.3. agree to be bound by these terms on behalf of that Organisation.
3.6. THE COMPANY MAY AMEND THESE TERMS AT ANY TIME, INCLUDING AMENDMENT OF THE SERVICES, AND AMENDMENT OF THE FEES, CHARGES AND COSTS RELATING THERETO.
3.7. A NOTICE OF ANY AMENDMENT WILL BE POSTED ON THE WEBSITE 30 DAYS BEFORE THE AMENDMENT BECOMES EFFECTIVE.
3.8. You may access these Terms on the Website.
3.9. You may view, download, save, or print a copy of these Terms, provided that they are used for your personal information purposes only and are not used for commercial purposes.
ELIGIBILITY TO ORDER THE PRODUCT
If you are a Minor you need the consent of your parent or guardian to order the Products. If you are a Minor, you hereby represent and warrant that you have obtained the relevant consent and you hereby represent and warrant that you have the capacity to agree to these Terms.
5.1. Whilst the Company has taken all reasonable steps to depict the Products accurately through the photographs and other images featured on the Website (such as colour, pattern and texture), the detailing you see on screen will depend on your monitor and as such, may not exactly reflect the detail of the Product when received by you.
5.2. Should you have any queries regarding the Products, including in particular, queries relating to the design, size or dimensions of the Products, the Company recommends that you contact the Company prior to placing an order for the Product.
6.1. The Company shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of the Products on the Website. However, should there be any errors of whatsoever nature on the Website (which is not due to the Company’s gross negligence), the Company shall not be liable for any loss, claim or expense relating to a transaction based on any error, save for in the case of any incorrect purchase price (“Purchase Price Error”).
6.2. In the case of a Purchase Price error, the Company will refund you for any amount already paid in accordance with the refunds policy in paragraph 12.
6.3. The Company shall not be bound or held liable for any incorrect information regarding the Products displayed on any third party websites.
7.1. As a registered user of the Website, you will have login information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. Should any other person do so then such other person is regarded as your agent with full authority to use your username and password.
7.2. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify the Company by email. YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN LOSSES OR LOSSES INCURRED BY THE COMPANY AND OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
ORDERING AND AVAILABILITY
8.1. Registered users of the Website may place orders for the Products, which the Company may accept or reject – which will be dependent on the availability of the Products, correctness of the information provided by you and receipt of payment or payment in accordance with paragraph 9.
8.2. The Company cannot guarantee the availability of the Products. When the Products are no longer available after you have placed an order, the Company will notify you, within a reasonable time of your order and you will be entitled to a refund of the amount paid by you for such Products.
8.3. After you have placed an order on the Website, you will receive an email from the Company acknowledging that it has received your order. Please note that this does not constitute and acceptance of your order by the Company and your order constitutes and on offer to the Company to purchase the Product. All orders are subject to acceptance of the Company and the Company is not obliged to accept your order and may at its discretion decline to accept any order.
8.4. By clicking on the “Order and Pay” button on the Website you have an obligation to the Company to pay for the Products.
8.5. When the Company accepts your order, the Company will confirm such acceptance by sending you an email that the Products has been despatched for delivery (“Delivery Confirmation”).
8.6. An agreement of sale between you and the Company in relation to the Products ordered (“Contract”) will only come into effect when we send you the Delivery Confirmation.
8.7. The Contract will relate only to the Products whose dispatch the Company has confirmed in the Delivery Confirmation. The Company will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products have been confirmed in a separate delivery confirmation.
PRICES AND PAYMENTS
9.1. The price of the Products available for purchase through the Website will be displayed on the Website and such prices displayed include Value Added Tax and delivery costs.
9.2. The Company is committed to providing you with secure online payment facilities through its third party service providers.
9.3. Payment for Products can be made to the Company via:
9.3.1. debit card; or
9.3.2. credit card.
9.4. Once you have selected your payment method on the Website and you accept these Terms, you will be directed to a link to a secure site for payment of the applicable purchase price for the Products.
10.1. When you place an order for Products through the Website, the Products will be delivered to the address in the Republic of South Africa you designate as the “Shipping Address” during the check out process.
10.2. Your order will be fulfilled by the delivery date set out in the Delivery Confirmation, unless there are exceptional circumstances.
10.3. If the delivery address you have specified is geographically remote, there is a possibility that the Company might not be able to deliver the Products to such address and the Company will notify you of this prior to your accepting your order.
10.4. Deliveries of the Products are made by courier and will normally take place on Business Days, usually within the hours of 8am to 4pm. It is not possible for the Company to specify a precise time at which delivery will take place.
10.5. Deliveries will be made to the ground floor room of your choice. The Company’s courier will not be responsible for any additional carrying, unpacking or position of the Product(s). The Company will not be held responsible if the Product(s) is unable to pass freely through the doorways, corridors and if, relevant stairways of the delivery address.
RISK AND OWNERSHIP
The Products ordered will be at your own risk from the time of delivery. Ownership of the Products ordered will also pass to you on delivery, provided that full payment of all sums due in respect of the Products, including any delivery charges thereon, has been received.
OUR REFUNDS POLICY
12.1. The Company is very confident that you will be satisfied with the Products, which is why should you not be entirely satisfied with your purchase of the Products you may return the Products to us within 100 days from date of delivery (“100 Night Policy”), subject to the terms and conditions listed below.
12.2. Should you wish to return the Product during the 100 Night Policy, you need to fill in our returns e-form on the Website requesting the return of the Product along with a photo of the Product, together with your order number, your name, and a valid contact telephone number and the Company will contact you to arrange inspection and collection.
12.3. Once your request is approved the Company’s courier company will inspect the Product at your premises, to ensure that the Product is not in a condition listed in paragraph 12.4 and upon approval will collect the Product, at the Company’s cost.
12.4. In order for you to be able to return the Product, the Product:
12.4.1. Must be in a resealable condition;
12.4.2. Must be free from tears, stains or soiling (including odours);
12.4.3. Must have its original packaging; and
12.4.4. Must have all parts intact.
12.5. You may return the Product during the 100 Day Policy provided that:
12.5.1. The Product has not been assembled incorrectly;
12.5.2. The Product has not been used without a mattress; and
12.5.3. The Product has not been damaged or abused due to improper use.
12.6. If you cancel your order for any Product(s) us within the 100 Day Policy, we will process any refund due to you within 14 (fourteen) days after the day on which we receive the Product(s) back.
12.7. The Company will refund the price you have paid in full.
12.8. If you choose not to use the Company’s free returns service, the Company will not refund you for the cost of returning the Product(s) to the Company. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.
12.9. Refunds are made using the same method originally used by you to pay for your purchase, unless agreed otherwise.
PRODUCT GUARANTEE AND WARRANTY
13.1. The Company offers a 5 (five) year guarantee on the Products and a 15 (fifteen) year warranty on the Products (“Guarantee or Warranty”).
13.2. The Company will repair, replace or refund (at the Company’s discretion) the defective Product.
13.3. The Company reserves the right to refuse the Guarantee or Warranty if upon inspection, the Product is found to be dirty, stained or in an unsanitary condition or when the Product failure is due to causes other than defective workmanship and materials or when the identification labels have been removed.
13.4. The original purchase invoice must be provided to the Company prior to the Guarantee or Warranty claim.
13.5. The Guarantee or Warranty applies to the original purchaser only.
13.6. The Guarantee or Warranty shall apply only to the following defects in the Product:
13.6.1. Deterioration causing the Product to have a visible indentation greater than two centimetres that is not associated with an indentation or sag which results from use of an improper or unsupportive foundation or adjustable bed base; or
13.6.2. Any physical flaw in the Product that causes the foam material to split or crack, despite normal usage and proper handling.
13.7. The Guarantee or Warranty shall not cover the following:
13.7.1. A normal increase in softness of the foam pressure-relieving material which does not affect the pressure relieving qualities of the Product.
13.7.2. Comfort preference;
13.7.3. Physical abuse or damage to the structure and/or cover material, including but not limited to burns, cuts, tears, liquid damage or stains provided that the defect is caused by abuse or damage;
13.7.4. Replacement of any non-defective pieces in the Product (for example, if you purchase a Product with multiple components and only one component is defective, then we will only replace the defective component); or
13.7.5. Any Product (whether manufactured by the Company or not) sold by resellers who are not authorized retailers.
14.1. In order to register on the Website, you have to provide the Company with certain Personal Information, such as your cell phone number, street, postal and email addresses.
14.2. You must provide the Company with complete and accurate information.
14.3. THE COMPANY WILL NOT BE LIABLE FOR ANY ERROR OR LOSS RESULTING FROM INCORRECT INFORMATION PROVIDED BY YOU.
14.4. The Company will treat your Personal Information as confidential and will take all reasonable steps to protect your Personal Information.
14.5. YOU CONSENT TO THE COMPANY DISCLOSING YOUR PERSONAL INFORMATION TO THOSE OF THE COMPANY AND ANY MEMBER OF ITS GROUP’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS WHO NEED TO KNOW OR USE YOUR PERSONAL INFORMATION IN ORDER FOR THE COMPANY TO COMPLY WITH A DUTY OR TO EXERCISE A RIGHT SET OUT IN THESE TERMS.
14.6. The Company will only disclose your Personal Information to third parties if they are required by law to do so, or, you have given them your written consent.
14.7. The Company may monitor and record all flow of data and information via the Website portal for business purposes including quality control, training, marketing, improvements, and system stability.
15.1. YOU USE THE SERVICES AT YOUR OWN RISK.
15.2. THE COMPANY IS NOT LIABLE FOR YOUR USE OF ANY HYPERLINKS TO OTHER SITES ON THE WEBSITE.
15.3. SUBJECT TO THE CPA, THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE ARISING BECAUSE OF THE SERVICES, UNLESS SUCH LOSS OR DAMAGE AROSE BECAUSE OF THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE COMPANY.
15.4. SUBJECT TO THE CPA, YOU INDEMNIFY THE COMPANY FULLY FOR ALL LOSS OR DAMAGE ANY OTHER PERSON SUFFERS BECAUSE OF YOUR USE OF THE SERVICES OR BECAUSE YOU DID NOT FULFIL YOUR OBLIGATIONS UNDER THESE TERMS.
COMMUNICATING WITH YOU ELECTRONICALLY
When you visit the Website or send emails to the Company, you consent to receiving communications from the Company or any of its divisions or partners electronically. These terms and conditions are governed, where applicable, by the Electronics and Communications Transaction Act 25 of 2002 (“ECT Act”).
LEGISLATION COMPLIANCE AND INTELLECTUAL PROPERTY
17.1. You must not use the Services for any unlawful purpose and must comply with all relevant laws.
17.2. All Website content and related materials are the intellectual property of Company and you must not copy or use them without our prior written consent.
17.3. These Terms are subject to the CPA.
17.4. In the event of any difference between these Terms and the CPA, the CPA will apply.
17.5. If any provision of these Terms is found by any court to breach the CPA, that provision will be regarded as having been removed from these Terms, and the remainder of these Terms will continue to apply.
17.6. If any provision of these Terms is found by any court to be unfair as contemplated in regulation 44 of the Consumer Protection Act Regulations, then that provision will apply to the maximum extent permitted under the CPA.
NOTICES AND ADDRESSES FOR SERVICE
18.1. Unless otherwise specified any notice or communication in terms of these Terms:
18.1.1. must be in writing to be effective;
18.1.2. must be sent by hand, registered post or email tothe Company’s addresses set out on the Website and
18.1.3. will be sent by hand, registered post, email or SMS to your last street address, postal address, email address or cell phone number we have on record or that is known.
18.2. The Company may also communicate with you using the Website.
18.3. A party may change its address/number to any other address/number within South Africa. Such change will only take effect upon receipt or deemed receipt of such notice by the other party.
18.4. Any notice or communication will:
18.4.1. if delivered by hand during business hours to the person apparently in charge of the premises selected by the addressee for the delivery of notices, be deemed to have been received on the date of delivery;
18.4.2. if sent by registered post to the selected address, be deemed to have been received 7 days after posting;
18.4.3. if sent by email to the selected email address of the addressee, be deemed to have been received on the first Business Day following the date on which it has been transmitted from the information system under the control of the sender; and
18.4.4. if sent by SMS to the selected cell phone number of the addressee, be deemed to have been received on the day on which it was sent.
18.5. Any written notice or communication which has actually been received by a party will be regarded as sufficient notice even if it has not been sent in the manner or to the address/number provided for above.
If any of these Terms is be deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.
GOVERNING LAW AND JURISDICTION
20.1. These Terms and yours and the Company’s relationship and/or any dispute arising from or in connection with these Terms shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms.
20.2. In the event of any dispute arising between you and the Company, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Durban Local Division) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
21.1. This is the whole agreement between the parties containing all of the express provisions agreed on by the parties regarding the subject matter of these Terms.
21.2. You may not cede, delegate, assign, transfer or sub-contract any of your rights or obligations under these Terms without the prior written consent of the Company.
21.3. The Company may cede, delegate, assign, transfer or subcontract any of its rights and obligations under these Terms.