Terms and Conditions

• Your use of this site indicates your acceptance of these terms and your agreement to follow and be bound by them
• You may only use this website for lawful purposes and you warrant that you will not, other than for your personal and non-commercial use, store on your computer, or print copies of extracts from this website
• Use of the information in any manner which infringes any copyright or proprietary interests of Furniture Express is prohibited
• The User may not access, display, use, download, and/or otherwise copy or distribute the Content obtained on the website for marketing and other purposes without the consent of the Provider
• The unauthorised 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 site whatsoever, is strictly prohibited

You are prohibited from posting or transmitting, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind. Should you place on or submit to the Website any such harmful content or should you breach any clause in these Terms and Conditions, Furniture Express may immediately terminate and/or suspend your access to all or parts of the Website, without any further notice to you.

You are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Website and you accept full liability for all activities that occur on or related to the Website under your User Name. You may not:

• impersonate another User or any third party; and
• Provide false information to gain access to the Website

We reserve the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.

The Company may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that the Company will not be liable to you in the event that it chooses to suspend, modify or terminate this Website.

All of the content you see on this website, including all of the page headers, images, illustrations, graphics, and text, are subject to trademark, service mark, trade dress, copyright, and/or other intellectual property rights or licenses held by Furniture Express. Furniture Express grants you permission to use and browse this site for your personal, lawful, non-commercial use only. Any other use of materials on the site, including reproduction for purposes other than those noted above, modification, distribution, or reproduction, without prior written consent, is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights. You are not permitted to use the content of our website, our logos, or any product or other images that appear on our website without our prior written consent.

Use of our website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the website will be uninterrupted or error free, or that the website or the server that makes it available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our website or the purchase of any of our products or services. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our website and/or your purchase of any products or services. While we take all reasonable steps to safeguard the security of any information you input or send to us in connection with our service, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever for any damages that you may suffer as a result of the breach of confidentiality of such information.

We respect your privacy and take privacy seriously.

The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.  Credit card details are not kept by the Provider under any circumstances.

The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

Information regarding the operating systems, browsers and IP origins of the users of this website is collected for statistical reporting purposes. No personal information regarding the users of this website is obtained aside from that which is freely given by the user. This information, namely email addresses and cellphone numbers, will not be given or sold to any third parties and will be used solely for the purposes of sending communication / weekly specials via them. You have the option to opt out at any time by replying ‘STOP’ to the SMSes or e-mails that we send you.

When subscribing to our newsletter or entering your phone number when creating an account, you consent to receive communications from us via email or SMS. You will be able to, at all times, opt out of either of these forms of communication.

All online credit card payments are processed by Virtual Card Services. VCS is a Reserve Bank Registered System Operator and a Member of Association of System Operators. Card holders may go to vcs.co.za to view their security policies.

This Website is controlled, operated and administered by Provider 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 High Court of the Republic of South Africa (Western Cape Division, Cape Town) 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 the Provider and the User with regard to the use of the Content and this Website.

The prices displayed on this site are quoted in South African Rands inclusive of Value Added Taxation (‘VAT’) and are valid only in South Africa. Prices do not include delivery charges. We have made every effort to display as accurately as possible all products and prices however, products and prices displayed on this site may vary from time to time and are subject to availability. We reserve the right to discontinue or change the specifications of our products and services from time to time without notice. Furniture Express shall in no way be held responsible for any errors or misstatements emanating from this website.
If a price as displayed contains an inadvertent and obvious error, Furniture Express is not bound by it after- (a) correcting the error in the displayed price; and (b) taking reasonable steps in the circumstances to inform consumers to whom the erroneous price may have been displayed of the error and the correct price.

We have done our best to display as accurately as possible the colours of the products shown on this website. However, the colours of our products shown on this website may look different on your computer compared with the colour of the actual product. This is because different computers display colours differently depending on the type of computer screen (LCD, plasma, desktop, laptop etc.). We cannot guarantee that your monitor’s display of any colour will be accurate.

Although all product items are displayed on the website, this is no guarantee that there is stock available in the factory. Please feel free to call the factory to check availability. Furniture Express will not be held liable for products displayed on the website that are out of stock in the factory.

All reasonable steps are taken to ensure that the information on our website is accurate and up-to-date. We do not, however, warrant that the content or information displayed is always accurate, complete and/or current.

Errors:  We shall take all reasonable efforts to accurately indicate prices and delivery charges.  However, should products be erroneously offered at incorrect prices and/or delivery charges, We will not be obliged to sell products at such incorrect prices and/or delivery charges, but  shall  refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.

Any mattresses scatter cushions, linen and other accessories seen in the pictures are excluded from the price shown. Mattresses and other accessories are priced and sold separately.

Many products are sold / delivered unassembled with assembly instructions included in the packaging.

Delivery and assembly fees are excluded from the price shown.

Products being delivered will arrive unassembled.

Visitors may post reviews and comments, submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address or impersonate any person or entity.

Except as otherwise agreed in writing, all online purchases and transactions for the supply of the Products by Furniture Express shall be subject to these standard terms and conditions of sale, including the Policies (collectively, the “Terms and Conditions”), as well as the Furniture Express Website Terms and Conditions. These terms and conditions will be subject to the CPA and the Credit Act, to the extent that they are applicable to the supply of any Products by Furniture Express.

These Terms and Conditions of Sale govern the sale of products (“Goods“) by the Company to you via the Website. These Terms and Conditions also govern the sale of products by the Company to you in any Furniture Express. The Terms and Conditions of Sale are in addition to the terms and conditions of use of the Website, as stated above.

On the Website, at checkout, once you tick “I accept the Terms and Conditions” a legally-binding agreement between you and the Company is formed. All orders with the Company will be sent to you via email.

The Customer shall be bound by these Terms and Conditions in all transactions relating to the purchase of the products using Furniture Express online shop.

We reserve the right at all times to reasonably decline any order and/or to suspend delivery and/or to decline to supply the Products to the Customer.

Your payment for any products ordered online from furnitureexpress.co.za must be made to us in any one of the following ways:

• Credit Card / Debit cards / Cheque Cards – where payment is made by credit card, we may require additional information in order to verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as this additional information is required
• Direct bank deposit or electronic funds transfer (EFT) – where payment is made by bank deposit or electronic funds transfer (EFT), you must: i) pay the exact amount as stated on the order receipt; ii) the payment must be identified by supplying the order number as a reference iii) proof of payment must be sent; iv) make payment within 5 days of placing your order, and the Company will not execute the order until receiving confirmation that payment has been received and the money is reflecting in our bank account; v) payment can take up to 3 working days to reflect in our bank account
• Electronic Furniture Express Voucher – these can only be redeemed while they are valid (expiry dates are unable to be extended) and are only valid for purchases online at furnitureexpress.co.za. Voucher terms are set out in the Electronic Furniture Express Voucher / Promotional Coupons Policy below

Once you accept these Terms and Conditions of Sale, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

We prescribe to high security and encryption standards meaning you can shop online with peace of mind. It is also to be noted we take all reasonable security measures to ensure that payment and card details, as well as related confidential information, cannot be accessed by anyone who is not authorized to do so. All personal information that you provide to us is subject to our Privacy Policy as stated above

For purposes of this clause, “Furniture Express” shall include any Affiliate, agent, courier service provider or independent contractor who may affect delivery on behalf of Furniture Express.

Furniture Express is closed from the 15^th December until the 15^th January every year.  Any orders not fulfilled and delivered at the time of shutdown will be delivered in the New Year.

Furniture Express has dedicated accredited drivers that carry out deliveries. For areas that these drivers do not service, we make use of a courier company of our choice.

For purchases made online at furnitureexpress.co.za we aim to despatch your delivery within 2 to 4 weeks after full payment is received. For those products that are made to order, or are not currently in stock, a longer order period / delivery period is required.

The following Terms apply:

• Delivery charges apply and delivery will only be completed once the delivery charge has been paid and received in full. Our drivers or delivery company will not accept any cash on delivery
• Due to circumstances beyond our control there may be instances where the delivery time could be effected. The customer will be alerted to any changes. We will notify you if we are unable to meet our estimated delivery timeframe but, to the extent permitted by law, we shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. Delivery may take longer during peak periods (November to December)
• A delivery address cannot be changed after checkout so please double check the information you are entering. Should it be essential for the delivery address to be changed, this could attract additional charges at the discretion of Furniture Express.
• When effecting delivery at the customer’s premises or such other premises as nominated by the Customer, the Customer shall be responsible for receiving, unloading and checking the Products in the presence of a Furniture Express representative making delivery. We require that a delivery document be signed by the customer to indicate that each item has been received in good order. Furniture Express cannot be held liable for any damages that aren’t marked clearly on the delivery note
• In the case of damaged / incorrect items being delivered, Furniture Express will replace the items at no charge. The damages must be indicated on the proof of receipt/delivery and the company/carrier representative and the person receiving the item must both sign the proof of receipt/delivery to this effect
• Delivery of the products at the shipping or delivery address nominated by the Customer shall constitute good delivery. Any acknowledgement of receipt by the Customer or any authorised representative or employee of the Customer, whether direct or indirect, in writing or otherwise shall serve to also confirm delivery
• Most products are delivered assembled. If you look under additional information on each product, it will tell you if the product requires assembly.  Assembly instructions for these products are provided. For purchases direct from the factory that are delivered by our accredited drivers, assembly can be arranged for a nominal fee. For purchases made online at furnitureexpress.co.za, items delivered unassembled will require self-assembly
• Deliveries will only be made where there is reasonable access. It is the customer’s responsibility to ensure that items can easily pass through doors, staircases, etc. and that the old furniture and any breakables are removed from the space where goods are to be delivered. No furniture will be hoisted up balconies or through windows. If the customer requests that these terms be ignored, Furniture Express will not be held liable for any damage to goods or property
• Furniture Express or the elected carrier will contact the customer to arrange delivery at a time convenient for the customer on any weekday. Additional deliveries due to customers missing appointment times and/or inaccessible premises will be payable by the customer. Should you require delivery on a weekend, please contact us before you complete your order / check out
• The delivery fee is charged in respect of delivery by the carrier to front door only. Should the customer request the carrier to do so, the item/s will be placed in a room of their choice. The customer acknowledges and agrees that Furniture Express is not responsible and will not be liable for any damages caused to the item/s within the customer’s residence as a result of such a placement within the residence
• We accept no responsibility whatsoever for incorrect delivery details or, if an unauthorised person at the delivery address, accepts delivery of the order and Products. Reasonable care and steps will be taken to avoid this from happening
• Delivery may take longer during peak periods (November to December) and sale periods
• All online orders are dispatched from the Furniture Express Factory in Johannesburg and delivered to your door. Furniture Express will not be liable for a refund should you not be willing to wait for the specified delivery period. When you accept the Terms and Conditions upon placing an order, you accept that delivery can take up to 10 working days
• For Deliveries from Furniture Express, it is highly advisable to use Furniture Express accredited drivers only as damages as a result of using third parties will not be credited/exchanged.

Free Delivery Promotions

• From time to time we may run a free delivery promotion which entitles you to free delivery for online orders (there might be a minimum order value to qualify for this promotion)
• The same Terms as stated above apply to the Free Delivery Promotion
• Should your area not be easily accessible or not within the free delivery range, we are entitled to contact you and advise that there will be a delivery fee applicable to your area and the free delivery promotion does not apply. Should you not wish to pay this delivery fee, you may cancel your order and be refunded(provided your order has not been processed and dispatched)
• If you take advantage of a free delivery promotion, your order will be dispatched as soon as payment is reflected (and delivered within the normal 10 workings days. We will not hold stock for more than 7 working days and all free delivery promotion orders will be dispatched and delivered as soon as possible. For example: if it is the beginning of the month and you are only moving into your new house at the end of the month and only want delivery then – this will not be possible as we will not store paid for orders for more than 7 working days
• In order to qualify the free delivery, you will be required to enter a coupon code applicable to the promotion which will enable the free delivery promotion. Should this coupon code be omitted and delivery be charged, we will not issue any refunds for this error however, we will offer to credit your online account with the delivery value which can be used towards a future online purchase
• Please refer to the detailed Cancellation Policy and Returns Policy below for additional Terms related to the free delivery promotion

Collections

You are welcome to collect your furniture direct from the factory at 56 11^th Ave, Kew, Johannesburg.

• No Goods may be collected until payment has been settled in full
• Goods can only be collected with the Original Tax Invoice
• All goods are to be inspected upon collection. Furniture Express will not be held liable for claims once goods have left the premises.
• Some items collected may be unassembled. Assembly instructions for these products are provided
• Goods not collected within 7 working days could attract additional charges at Furniture Express’s discretion

For online orders, if the order has not yet been processed, it can be cancelled. You will receive a full refund of the purchase price within 30 days of the date of cancelling the order.

You may cancel your order for Goods without penalty within 7 working days of the goods being collected by you or delivered to you. In this case, the following applies:

• You will receive a full refund of the purchase price within 30 days of the date of cancelling the order
• The Goods must not be used and must remain unassembled, in the original packaging
• The goods being returned will be assessed and handling charges will be applicable before the refund is processed. A handling / administration fee of 10% of the purchase price) will be charged. This amount will be deducted off the refund / credit
• For purchases made online at furnitureexpress.co.za, you will be liable in terms of section 44(2) of the Electronic Communications and Transactions Act 25 of 2002 (as amended from time to time) for the direct costs of returning the Goods, such as courier and/or shipping charges. These costs will not be refunded to you
• If you took advantage of a free delivery promotion and your order was delivered free of charge, you will be responsible for the cost of having the product retuned to us. The cost will be the delivery charge applicable to your area and any handling fees that may be applicable as per the above. These will be deducted from the refund
• If the goods have been assembled or partly assembled, the cancellation policy does not apply and goods may not be returned
• Furniture Express reserves the right at all times for a company appointed or manufacturer representative to inspect the item before a refund, repair or replacement is considered.
• No shop soiled items that have been reduced to clear will be accepted for refund or return
• Please note that your right to cancel your order for Goods without penalty set out in this clause, shall not apply where the Goods were made to your specifications or are clearly personalised
• If your order has been processed and dispatched from the warehouse but has not been delivered to you, you may cancel the order however you will be liable for the cost of having the product retuned to us. The cost will be the delivery charge applicable to your area and any admin fees that may be applicable at Furniture Express discretion. This still applies if the customer took advantage of a free delivery promotion. These costs will be deducted from the refund
• According to the ECT Act, the consumer has a “cooling off period” of 7 days which allows the consumer a general right to return or cancel the transaction without penalty however the online shopper would still be liable for the cost of returning the goods if they were dispatched / shipped within the 7 day period. The cost will be the delivery charge applicable to your area and any admin fees that may be applicable at Furniture Express’s discretion. This still applies if the customer took advantage of a free delivery promotion. These costs will be deducted from the refund This does not apply if the products have been assembled, partly assembled, or where the original packaging has been discarded
• If an order has been processed and dispatched from our factory but not yet delivered and the consumer would like to change the order, delivery and admin fees might be applicable at Furniture Express’s discretion even if the customer took advantage of a free delivery promotion for the order. These costs will be deducted from the refund

We will deliver the Goods to you as soon as reasonably possible, but no later than 30 days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 days of receiving such notification elect whether or not to proceed with your order for the Goods. If you elect not to proceed with your order, we will reimburse you with the purchase price within 30 days of having informed you that we are not able to deliver

Furniture Express agrees to returns of Products provided that the following provisions shall be applicable, as well as those set out in the Returns Policy. This Returns Policy forms part of and should be read together with the Terms and Conditions and includes the general in store returns and refunds policies.

1. RETURNING PRODUCTS THAT ARE NOT DEFECTIVE:

If for any reason you wish to return your product/s, you (the customer) may do so within 7 days of the products being delivered to you, provided the product/s have not been used, are complete, in their original condition, and sealed in the original packaging.

In this case, the following Terms apply:

• For products that are not defective, handling charges will be applicable. A handling / administration fee of 10% of purchase will be charged. This amount will be deducted off the refund / credit
• Due to hygiene reasons all Linen products and Mattresses cannot be returned once used/opened. The return of these items is at Furniture Express’s discretion
• In terms of section 44(2) of the Electronic Communications and Transactions Act 25 of 2002, for non-defective items you (the customer) are liable for the delivery and collection costs of these products
• If you took advantage of a free delivery promotion and your order was delivered free of charge, you will be responsible for the cost of having the product retuned to us. The cost will be the delivery charge applicable to your area and any handling fees that may be applicable as per the above. These will be deducted from the refund
• According to the ECT Act, the consumer has a “cooling off period” of 7 days which allows the consumer a general right to return or cancel the transaction without penalty however the online shopper would still be liable for the cost of returning the goods if they were dispatched / shipped within the 7 day period. The cost will be the delivery charge applicable to your area and any admin fees that may be applicable at Furniture Express’s discretion. This still applies if the customer took advantage of a free delivery promotion. This does not apply if the products have been assembled, partly assembled, or where the original packaging has been discarded
• Furniture Express reserves the right to refuse the return of products that have been assembled, partly assembled, or where the original packaging has been discarded. Return of such products could carry charges at Furniture Express’s discretion
• If the original packaging has been discarded it is your (the customer’s) responsibility to ensure that goods are reasonably packaged and protected before being returned. Damages that occur as a result of absent or insufficient packaging/protection will carry additional charges that the customer will be liable for at Furniture Express’s discretion
• Quality control inspection can take up to 3 working days
• Processed refunds can take between 3 working days (Electronic Funds Transfer – EFT) and 7 working days (credit card) to reflect in your (the customer’s) bank account

2. RETURNING PRODUCTS THAT ARE DEFECTIVE OR DAMAGED:

When a product is delivered damaged:

You have the right to refuse delivery of any product that is visibly damaged upon delivery. You must stipulate clearly that you have not received the goods with a brief description of the damage on the delivery note. The driver / delivery company will take the product/s back with them and return them to Furniture Express. Please contact Furniture Express immediately to report this.

Damage after delivery:

If damage to a product/s only becomes apparent after delivery, you have 48 hours to report the damage to Furniture Express. In these instances the return / replacement of the product is at the discretion of Furniture Express. The following applies:

• Furniture Express cannot be held liable for any damages visible at the time of acceptance of delivery that were not indicated on the proof of receipt/delivery by the customer
• If damage is reported after 48 hours, it is reasonable for Furniture Express to determine that damage was caused post-delivery
• Where defective items are replaced, Furniture Express is liable for the collection and delivery costs
• If upon inspection the product is found not to be defective, you (the customer) will be liable for all transport costs and a handling / administration fee of 10% of purchase will be charged. The product will be returned in packaging similar to how they were received by Furniture Express.
• If the original packaging has been discarded it is your (the customer’s) responsibility to ensure that goods are reasonably packaged and protected before being returned. Damages that occur as a result of absent or insufficient packaging/protection will carry additional charges that the customer will be liable for at Furniture Express’s discretion
• Quality control inspection can take up to 3 working days
• Processed refunds can take between 3 working days (Electronic Funds Transfer – EFT) and 7 working days (credit card) to reflect in your (the customer’s) bank account

3. REFUNDS

Should you be entitled to a refund for any reason as stated above, refunds will be done according to your original method of payment.

PRODUCT ASSEMBLY

• Most products are delivered assembled.
• If you look under additional information on each product, it will tell you if the product requires assembly. Assembly instructions for these products are provided.
• There may be assembly options available for your delivery area. Please contact us before checkout
• Unfortunately, assembly is not available for all delivery areas
• Please contact us before checkout to find out about the options available and the charges
• Where a courier is doing the delivery, assembly is not available. Please contact us prior to check out to find out if your delivery area has assembly options available
• Assembly carries an additional charge
• Should you require assembly after your order has been delivered, please contact us and we can arrange (if assembly is available in your delivery area). Additional Delivery charges and assembly charges will apply
• No refunds will be issued for customers advising that they were not aware of the products being delivered unassembled
• If the goods have been assembled or partly assembled, the Refund and Cancellation policy does not apply (please view detailed Returns Policy here)
• If damage occurs to the product during assembly by the customer, Furniture Express will not be liable for the damage and will not be held liable for a return or refund.

BREACH

Should the Customer fail to make any payment to Furniture Express under any contract or should the Customer be in breach of any of the provisions of these Terms and Conditions and fail to remedy such breach within 7 (seven) days after receiving a written demand that it be remedied, Furniture Express shall be entitled, without prejudice to any alternative or additional right of action or remedy available to Furniture Express, to cancel any contract with the Customer with immediate effect.

SECURITY

Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that Furniture Express suffers any damage or loss.

You agree and warrant that your login name and password shall: i) be used for your personal use only; and ii) not be disclosed to any third party.

All online credit card payments are processed by Virtual Card Services. VCS is a Reserve Bank Registered System Operator and a Member of Association of System Operators. Card holders may go to vcs.co.za to view their security policies.

If you have any questions regarding our website, the Terms and Conditions or about products, please contact us. You can call us on 011 440 1671 or email us sales@furnitureexpress.co.za