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Terms and Conditions

Accessing, viewing and using this website, implies that you “user(s)”,”visitor(s)” agree to accept and adhere to the following Terms and Conditions of use of this website.

Disclaimer

Our trading name "Furniture Warehouse" replace African Garden Furniture cc in most statements below and it must be understood that the only
registered legal entity is African Garden Furniture cc and that Furniture Warehouse is merely a guidance or trade name that is fully bound to the registered name. 
Whereas every effort has been made by African Garden Furniture cc trading as Furniture-Warehouse (“Furniture Warehouse", "F-W”, “AGF”, "www.furniture-warehouse.co.za", “the website”, “this website”, “site”, “server”, “database”, “data services” “services”, "our", "us" or "we") and its providers of information and services to ensure the accuracy of the information/images/prices/calculations, the proper performance of this website and the reliability of the visible data and stored data or otherwise obtained data, and all other data and media on this website (collectively "data", “information”), Furniture-Warehouse, its affiliated companies, service providers, suppliers, or any of their staff, do not warrant the availability of website or the data or the accuracy of the data on the website.

We make no representations or warranties, whether express or implied, including without limitation, or warranties of title or implied warranties of merchantability or fitness for a particular purpose, and assume no liability or responsibility for the proper performance and presentation of this website and/or the accuracy of the data contained or displayed or stored on the website, and your use or inability to use the website and the data is therefore at your own risk. In particular we make no warranty that the website or the data and variations of data will meet your requirements, be uninterrupted, complete, timely, secure or error free. In particular we make no warranty that the website or the data will meet your requirements.

Pictures and prices/calculations and information of items on this website have been set as accurate as possible, variances and changes may occur at our discretion.

This site may contain hyper-links or data services to and from third party sites/services. Furniture-Warehouse is not responsible for the content of, or the services offered by or data contained on those sites. These hyper-links are provided solely for your convenience and should not be construed as an express or implied endorsement by us of the site/sites or the data, products or services provided on the linked websites. You access those sites and use their products, data and services solely at your own risk and subject to the website owners' terms and conditions

You acknowledge, by your use of this site, that your use of this site is at your sole risk, that you assume full responsibility for all costs incurred and associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that Furniture-Warehouse shall not be liable for any damages of any kind related to your use of this site.

By using this site, you accept responsibility for maintaining the accuracy of your profile and the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

This site and all contents of this site are provided on a voetstoots "as is" basis.

Indemnification

You agree to indemnify and hold Furniture-Warehouse harmless against all and any claims, loss, liability, costs, expenses, attorney’s fees, demands and damages of all and every kind, (including direct, indirect, implied, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising from or related to your use or inability to use the website, arising out of or in connection with the failure or delay in the performance and accuracy of the website, or the use or inability to use the data available on this website, whether due to our negligence or not.

Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Furniture-Warehouse and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.

Use of the website

You may only use this website for lawful purposes and you warrant that you shall not other than for your personal and non-commercial use, store on your computer, or print copies of extracts from this website, and you may not, other than for your personal and non-commercial use, “hot-link”, "mirror" or “cache” information provided through this website on your own server(s) or devices, or copy, duplicate, adapt, modify or re-use, sell, resell, visit, link, or electronically or otherwise use the pages, text or graphics or layouts or code from this website without prior written permission and consent  from Furniture-Warehouse.

Electronic communications

You consent to receive communications from us electronically. Communication with you is by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.

Privacy policy

Furniture-Warehouse and all its associated companies are committed to respecting the privacy of your personal information. Furniture-Warehouse may occasionally amend and publish a policy or policies relating to privacy on this website which will further specify the terms and conditions applicable to our use of any of your personal information that we may collect from the website.

Information privacy

Furniture-Warehouse will not share, sell, transfer or disclose your personal information with any other company or person without your consent.

Intellectual Property Rights

You acknowledge that we own the intellectual property rights in and to this website and the data, code and proprietary methods and layouts and that the unauthorised use thereof is expressly prohibited. The word or mark "Furniture-Warehouse"/"Furniture-Warehouse"/”F-W”/”FW” however represented, including stylised representation, all associated logos, graphics, media, designs, layouts and symbols and combinations of any of the foregoing with another word or mark, and service names used on this site, are the trademarks of African Garden Furniture cc, or one of its affiliated companies.

Copyright notice

The content on this website, including all information, code, software, trade dress, copyright and/or other intellectual property rights or licenses held by African Garden Furniture cc (t/a Furniture-Warehouse), its affiliates and software providers and protected by South African and international copyright laws.

The proprietary compilation of all content on this site is the exclusive property of Furniture-Warehouse and is protected by South African and international copyright laws.

Furniture-Warehouse grants you a limited license and personal permission to view electronically, copy and print in hard copy portions of the site for the sole purpose of browsing the site and for your personal use only and not to download (other than page caching) any portion of the site. This license does not include any resale or commercial use of this site or its contents, any collection and use of any product listings, descriptions, or prices/calculations or any derivative use of this site or its contents, any downloading or copying of account information for the benefit of another merchant or any use of data mining, robots, or similar data gathering and extraction tools. Any other use of information on the site, including a reproduction for purposes other than those noted, modification, distribution or reproduction, without the prior written consent of Furniture-Warehouse and the lawful trademark and/or copyright owner (if applicable) is strictly prohibited and constitutes an unlawful infringement of the intellectual property rights of Furniture-Warehouse and/or such trademark and/or copyright owner.

Furniture-Warehouse’s trademarks and trade dress may not be used in connection with any product or service that does not belong to Furniture-Warehouse, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Furniture-Warehouse. All other trademarks not owned by Furniture-Warehouse or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Furniture-Warehouse or its affiliates.

Variation

We reserve the right to alter, restrict and/or terminate this website without notice or reason, or to revise these terms and conditions, at any time.

Furniture-Warehouse and its affiliates reserve the right to refuse service, terminate and remove accounts, remove or edit content, or cancel orders in their sole discretion.

Reviews, comments, communications and other content

Users including Furniture-Warehouse and its affiliates may post reviews, comments, and other content; send and receive electronic and other communications; and submit suggestions, ideas, comments, questions, or other information, subject to condition that 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 email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Furniture-Warehouse reserves the right (but not the obligation) to remove or edit such content, or at any time review, delete or amend posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Furniture-Warehouse and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any form or media. You grant Furniture-Warehouse and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify Furniture-Warehouse or its affiliates for all claims resulting from content you supply. Furniture-Warehouse has the right but not the obligation to monitor and edit or remove any activity or content. Furniture-Warehouse takes no responsibility and assumes no liability for any content posted by you or any third party.

Disputes

Any dispute relating in any way to your visit to Furniture-Warehouse or www.Furniture-Warehouse.co.za or to products you purchase through Furniture-Warehouse shall be submitted to confidential arbitration by law, except that, to the extent you have in any manner violated or threatened to violate Furniture-Warehouse’s intellectual property rights, Furniture-Warehouse may seek injunctive or other appropriate relief in any court within South Africa, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement.

Site policies, modification and severability

Please review any other policies posted on this site. These policies also govern your visit to Furniture-Warehouse. We reserve the right to make changes to our site, policies, and these Terms and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Changes

Furniture-Warehouse undertakes to notify all its registered customers of any changes to this privacy statement, via email, within a reasonable period after such changes have taken effect.

Prices, calculations, figures and financial indicators

Prices and calculations displayed on this site are quoted in South African Rand (ZAR) inclusive of VAT (Value Added Taxation) and are valid and effective only in South Africa. Prices and calculations are subject to change and confirmation by Furniture-Warehouse.

Products and prices/calculations displayed on this website may vary from time to time and are subject to availability.

Furniture-Warehouse or its affiliates shall in no way be held responsible for any errors, omissions or misstatements originating from information on this website.

Except where stated otherwise, a price displayed on our website for a product represents the full retail list price of the product itself, including VAT.

Despite our best efforts, an item may be incorrectly priced. Such cases will be amended at Furniture-Warehouse's discretion.

Colours & sizes

Colours of our products shown on this website may appear different on your computer compared with the actual colour of the product. Different computers or devices may display colours differently depending on the type of computer screen technology and settings (LCD, plasma, desktop, laptop, other). Therefore it is strongly recommended that you visit one of our shops to see the actual colour of the item. Furniture-Warehouse cannot be held responsible for any mistakes in ordered items where actual colour differs from that appearing on the website as viewed or perceived by the user. Please note that our 3 seater sofas vary in style and some only have two large seats as opposed to 3 seats but measurements are available on the web for your convenience.

Risk of loss

Customers who elect to collect from the premises of Furniture-Warehouse unconditionally agree and accept that the risk of loss and title for such items passes to you at the time of collection by you or your appointed agent. The risk of loss and title passes to you, the customer, upon delivery as evidenced by the signature of the person taking delivery, on our copy of the invoice.

Return policy

All merchandise displayed and sold by Furniture-Warehouse is subject to strict quality control standards. Should a customer not be satisfied with any product received within 7 days from date of receipt, Furniture-Warehouse will endeavour to repair or replace the item in question. If within a reasonable time period Furniture-Warehouse is unable to repair or replace the item a full refund of all monies paid will be made. Clients may not return items on the basis that new or latest item prices are lower than when they were previously purchased. Furniture Warehouse reserve the right to at any time sell items for lower prices than they were sold for previously.

Delivery policy

The estimated delivery lead time quoted to you at the time of order is an at best estimate of the delivery period. Whilst every effort is made at all times to achieve this date, it does happen occasionally that delays are encountered that are often outside of our control. Furniture-Warehouse will make every effort to expedite delayed lead times and will make every effort to ensure that the customer is updated on the progress of the delayed order.  

Sales order terms and conditions

The following Terms and Conditions regulate sales orders at Furniture-Warehouse:

We strive to deliver on the date and time advised. While we are committed to deliver on time, the actual delivery date is subject to prevailing circumstances and may be subject to variation.

Ownership of the goods will rest with Furniture-Warehouse until payment has been received in full where after an invoice will be issued. Payment of the full value of the order is required before Furniture-Warehouse will deliver or before we can authorize collection.

Delivery Policy:

(a) Deliveries will be supplied by Furniture-Warehouse subject to your address being within our designated delivery zones and you will be charged accordingly on your invoice.

(b) Deliveries will be available from Monday to Saturday.

(c) For deliveries outside our designated zones, you will be contacted by our staff to confirm delivery price and delivery instructions.

(d) For collection of goods from the Furniture-Warehouse warehouses, prior arrangement and acknowledgement is essential prior to such collection. Please note that no goods will be given to outside transporters unless Furniture-Warehouse has been paid in full for such goods. Proof of payment in full must be on hand for any goods to be released and payments need to be cleared. In the event of outside contractors collecting on behalf of a customer, Furniture-Warehouse may in addition to proof of payment in full, contact the customer to confirm proceedings.

To ensure a smooth and timely delivery of Furniture-Warehouse goods, please make sure that you clear the room(s) in advance where your new goods are to be located prior to the delivery service arriving. The Customer must remove all breakable items in the path of the delivery. Furniture-Warehouse delivery crew are not permitted to re-arrange Customers’ furniture. Furniture-Warehouse delivery crew team will place the goods delivered in the place of the Customer’s choice. The delivery crew is not permitted to uplift or take away with them any unwanted items of furniture or items not designated for removal previously with the sales team. It is in the customers’ own interests that all loose items of value be removed from the delivery site and that in addition pets be secured in a safe location away from the crew and delivery site. Furniture-Warehouse cannot be held responsible for any items claimed to be missing following a delivery. Breakables such as glasses, vases, wall mountings etc must be secured or removed from the delivery site. Furniture-Warehouse cannot be held responsible for any items claimed to be missing following a delivery.

Delivery policy for flats and small apartments: The maximum sofa length that can be fitted into an elevator cannot exceed 2.1m If the flat or apartment does not have a suitable lift for the furniture, then the Furniture Warehouse delivery team will only be allowed to carry the items up to 1st floor in height, providing the passages are wide enough to accommodate the items without any damages to the goods. Furniture-Warehouse delivery teams are not equipped to hoist goods over balconies. Should items be required to be hoisted a dedicated team would be required and subject to an additional charge. Furniture-Warehouse shall not be responsible for any damage whatsoever whether direct or consequential rising out of the use of the goods or in respect of any late or short delivery.

Furniture-Warehouse furnishes with its goods, its standard guarantees only and no other guarantees, warranties or representations of whatsoever nature will be made to the Customer by Furniture-Warehouse in respect of such goods.

All “special orders” placed cannot be reversed once a deposit has been paid.  In the event of Furniture-Warehouse agreeing to refund monies paid either prior to or post-delivery due to circumstances unrelated to product quality or lead times, and If Furniture-Warehouse agrees to accept return of any goods, the Customer will be liable for a 15% handling charge calculated on the purchase price of those goods. The onus of proof of return and proof of purchase rests with the customer at all times.

If after 31 days of notification by Furniture-Warehouse that your goods are ready for delivery or collection, you as the customer fail to make full and final payment, Furniture-Warehouse reserves the right to sell them to cover expenses.

Important: Clearance Sale items are sold voetstoots and cannot be exchanged or returned.

Payments made by EFT (Electronic funds Transfer) before daily bank cut off times require a 48 hour period to clear funds and allocate them to the orders.

Furniture-Warehouse accept payment by cheque but require 8 working days to clear funds and the 8 day period strictly only starts after our date of deposit of the cheque.

Furniture-Warehouse discourages cash payments due to security concerns and urge our clients to rather deposit cash funds themselves into our account.
We do not carry cash on the premises even for the use of giving change. We do not give cash change.

Warrantees

Warranty claims must be accompanied by a copy of the original invoice, or other proof of purchase.

(a)  We offer a 1(one) year warranty on all our items (excluding mattresses).                  

(b)  Proof of purchase is required for the warranty to come into effect and will only be valid when the goods are paid in full.
         
(c)  The warranty does not extend to the fabric or leather used on upholstery items as it is subject to wear and tear which is associated with the usage and treatment in the customer's environment and this is beyond the manufacturer's control.   Leather and timber might have natural marks and or colour variations due to the nature of the product and cannot be seen as defects or signs of damage.                        
(d)  All items sold are for domestic use only. 

General

These terms and conditions will be governed by and construed in accordance with the laws of South Africa, and any action or dispute contemplated by the parties hereto shall be submitted to either arbitration, or the jurisdiction of the South African Courts, at the election of Furniture-Warehouse.

These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms and conditions.

Our failure to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing.

These terms and conditions shall be for the benefit of Furniture-Warehouse and may be waived by us in our discretion.

 Applicable law

Prevailing South African law will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and Furniture-Warehouse or its affiliates.

To Opt-out / remove your information from our database(s)

If you would like to be removed from our list of registered users, database(s) or would like to be removed from any service or newsletter to which you have subscribed, please send an email to:

deniseb@furniture-warehouse.co.za