Introduction
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.Ordering from Us
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we change the order status to processing. We will send you a processing confirmation by email.
2.3 We may refuse to accept an order:- where goods are not available;
- where we cannot obtain authorisation for your payment;
- if there has been a pricing or product description error; or
- if you do not meet any eligibility criteria set out in our terms and conditions.
Pricing
3.1 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.Cancelation Policy
4.1 We will accept cancellation of your order ONLY under the following circumstances:- On orders that have not been dispatched.
- In the case of goods made on order, (non stock items) only if we, or the relevant supplier has not begun the manufacturing of said items.
- Refunds will be processed within 10 working days after the date that a cancellation is accepted. Monies will be repaid using the same method as they were paid, i.e We will refund into the same account that the funds were paid from. Credit card payments will be refunded into the same credit card account and not by any other means.
Returns Policy
5.1 Reasonable requests to return goods will be considered only under the following conditions and will be handled in the following manner:- Requests to return goods have to be received within 7 days of having taken delivery.
- Returns are handled on a case by case basis and are subject to pre-approval
- The items must be unused and returned in their original packaging.
- The items must be in their original condition
- Items cannot be returned that have been made on order. (non stock items). Items that required specific fabrics, custom design or where a colour choice was involved cannot be returned.
Where items have been correctly supplied, full transport costs (round trip - outgoing and incoming) will be deducted from any refund as it may occu- The full transport cost which could have cost more than what you paid or what was advertised, will be recovered. (In some instances we might have subsidized or discounted original shipping costs, or we might have absorbed additional shipping costs, or where free shipping was given) The full transport costs as incurred will be deducted from your refund.
- A 15% re-stocking charge on the value of the goods will be levied.
License
6.1 You are permitted to print and download extracts from this Website for your own use on the following basis:- no documents or related graphics on this Website are modified in any way;
- no graphics on this Website are used separately from accompanying text; and
- any of our copyright and trade mark notices and this permission notice appear in all copies.
6.3 Subject to clause 6.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
6.4 Any rights not expressly granted in these terms are reserved.
Service Access
7.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.7.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Visitor Material and Conduct
8.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.8.2 You are prohibited from posting or transmitting to or from this Website any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- for which you have not obtained all necessary licences and/or approvals;
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
8.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 8.2 or 8.3.
Links to and from Other Websites
9.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.9.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of the Beds Direct logo;
- you do not create a frame or any other browser or border environment around this Website;
- you do not in any way imply that we are endorsing any products or services other than our own;
- you do not misrepresent your relationship with us nor present any other false information about us;
- you do not otherwise use any trade marks displayed on this Website without our express written permission;
- you do not link from a website that is not owned by you; and
- your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.
Registration
10.1 To register on this website you must be over eighteen years of age.10.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
10.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
10.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
11.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
11.2 The material on this Website is provided 'as is' without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
Liability
12.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.12.2 Nothing in these terms and conditions shall exclude or limit our liability for
- death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
- fraud;
- misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
12.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
Governing Law and Juristiction
13.1 This Website is controlled, operated and administered by Beds Direct from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Cape Town High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between Beds Direct and the User with regard to the use of the Content and this Website.Miscellaneous
14.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions14.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
21 Night Comfort Exchange
15.1 Valid within our standard delivery areas only for Cape Town, Johannesburg, Pretoria15.2 You must have slept on the mattress for at least 7 nights (from date of delivery) to allow your body to become accustomed to it.
15.3 The mattress must be keep in good condition (not marked, mis-used or soiled in any way) We require that you purchase a mattress protector with your mattress.
15.4 You must keep the original packaging, documentation, warranty cards etc for the duration of the exchange period.
15.5 If the Buyer decides their choice of mattress is proving uncomfortable, they may re-select to an alternative mattress of the same size. We are unable to make any refund where the new bed is less expensive than the original. Any price difference cannot be made up with a second bed or associated products.
15.6 Re-delivery charges (minimum of R350.00) will be applied and 'Comfort Exchanges' are limited to one exchange per product ordered.
15.7 The Comfort Guarantee does not cover the height, width or colour of your new mattress.
15.8 This Guarantee does not apply to the base, clearance items, ex-display items, pillows, mattress protectors, sleeper couches and furniture. Mattresses that have been made up on special order, such as special sizes are also excluded.