TERMS AND CONDITIONS
Terms of Payment
1.1 When the Customer has paid any kind of deposit this Agreement becomes binding and the Customer is bound by Our terms and conditions.
1.2 We will not begin manufacturing or place orders for any goods until the required deposit is paid by the Customer. The deposit is to secure the order.
1.3 If the Customer cancels the Agreement in any way whatsoever Chantilly Furnishings will charge the Customer a cancellation admin fee equal to 25% of the purchase price as envisioned in S17(3)(b) of the Consumer Protection Act.
1.4 We will subtract the cancellation charge from any amount paid and refund the Customer the balance. If the cancellation charge exceeds the amount paid, the Customer must pay any shortfall within seven days of demand.
1.5 All amounts the Customer owes Us must be paid to Us in full, without deduction of any kind or set-off for any reason.
Conditions of Goods
2.1 We warrant that the characteristics and capabilities of all items purchase by the Customer from Us will be substantially the same as advertised or displayed but make no other warranties or representation in terms of the items purchased by the Customer from Us.
2.2 Please note: fabrics and materials, such as suede, wood and leather have natural differences in colour and texture and the Customer acknowledges that we cannot guarantee the uniformity in texture and colour of any of the items purchased by the Customer from Us.
2.3 We are not liable for direct or indirect damages the Customer suffers due to the late delivery of items purchased from Us or any other breach in terms of this Agreement unless otherwise stipulated in law.
2.4 We are not responsible for any damages to the items purchased by the Customer from Us caused by:
– regular wear and tear to the items;
– you moving around of the items; storing items for long periods of time or
– your negligence, mishandling, disassembling or alteration of the items.
Voetstoots
3.1 With regard to used goods you agree that the condition of the goods is not materially equal to that of the other goods and that these used goods might have scratches, marks and other flaws in them.
3.2 The Customer agrees that he/she shall accept the standard of the used goods and that may differ from the rest of the used goods sold and that the only guarantee with regard to these used goods are that they are suitable for their intended purpose and in the quality you could reasonably expect from used goods.
Return of goods
4.1 The Customer may not cancel an order for any goods whilst we are within the lead time quoted and the only time we will accept a return is if the goods were defective. If the Customer cancels the order we may deliver the goods to the Customer and demand payment of the purchase price.
Time limits: If the goods were defective the Customer must inform us within six months from delivery.
We do not have to accept any returns for unsuitability if the goods (which must be made within 10 days from delivery) have been:
– partially or entirely disassembled,
– physically altered,
– permanently installed, attached, joined or added to, blended or combined with, or embedded within, other goods or property.
Delivery
5.1 There is a 3 to 6-week lead time for production or sourcing of the client’s goods if they are not available ex-stock. This lead time increases up to approximately 8 weeks for custom designs or alterations on our existing designs.
5.2 We can arrange delivery of the goods to the Customer upon request only once the Customer has paid the full amount of the purchase price.
5.3 Note: We are not responsible for the delivery of the goods. The Customer agrees that all delivery charges, fees and arrangements must be negotiated by the Customer and the relevant third party. The Customer hereby discharges Us from any damages and liability whether direct or indirect sustained during delivery or collection of the goods or items purchased from Us. We disclaim all liability and damages arising herein.
5.3 Out of Province deliveries: In addition to a potential production lead time (For products that are not available ex-stock) there is also a delivery lead time of up to four weeks to deliver from our warehouse to your door.
We will only begin manufacturing of your product or release the goods for delivery once payment has been made in full and your funds have cleared into our company account.
We reserve the right to cancel your order for any reason at any time and in this scenario, we will refund your monies in full.
Should you cancel the order for any reason other than the goods received are defective we will charge a 25% cancellation admin fee and refund you the difference.
Please note that we outsource the nationwide delivery to a third-party logistics company. We will forward your tracking number and their contact details when your order has been dispatched.
Responsibility of measurements
6.1 Important note: We will not replace or refund you any amounts if the goods do not fit into a room or through a door. Please make sure that you do all measurements and establish the exact size specifications before ordering the goods.
Storage Penalty
7.1 We will warehouse the goods at no cost for 5 days from the date that the items are purchased or finalized.
After this the Customer is liable for a weekly warehousing fee calculated at 5% of the purchase price for the storage of the goods, which will be proportionately adjusted for periods less than 5 days.
Claims
8.1 The Customer’s claim for non-performance by Us will be limited to a refund of the purchase price of the goods.
Ownership
9.1 We will remain the owners of the goods until you have paid the full purchase price and the goods have been delivered or collected.
If you have arranged with us to collect the Goods or have them delivered and do not collect or accept delivery on the agreed date, we will automatically start charging storage fees, and after 7 days we may sell the uncollected Goods. Your claim in this regard will be limited to that of a refund of the price obtained from the sale of these Goods, less any charges we have incurred, including storage charges and/ or cancellation fees.
Refunds
10.1 Unless the purchased items received are defective or in the case of non-performance, the Customer is not entitled to a cash refund of any kind whatsoever. Any defects must be reported to Us by the Customer within 7 working days of the Customer accepting delivery of the goods. Failure to notify within the aforementioned period will constitute a waiver of the Customers right to make any claim whatsoever against Us.
Quotations
11.1 All written quotations are valid for a period of 14days
General Terms
In terms of S11 of the Electronic Communications and Transactions Act (ECT) 25 of 2002 and the common law of contract, these terms and conditions are valid, binding and enforceable against all persons that access the Chantilly Furnishings website. We may from time to time update or change terms without notice. You should check them periodically, as your continued use of the website will mean that you have accepted any revised terms.
This agreement and the use of this website are governed by the laws of South Africa.
You may browse or use our website for your own personal, private, educational, non-commercial and information purposes only. No other use is permitted without our prior written consent.
The unauthorized use, copying, reproduction, variation, modification or distribution of the content of this website, the uploading of any unlawful or damaging information or viral software, or the creation of any links to our website from any other website, is strictly prohibited.
We reserve the right to
Restrict your use and access to our website or part thereof in the event of any unauthorized use; suspend our website or any part thereof; terminate your account at any time if we believe that the information supplied by you is false or incomplete.
What we collect
We may collect the following information:
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Name
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Contact information including email address
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Demographic information such as postcode, preferences and interests
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Other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests. We will, of course, only contact you if you have given us your express permission to do so.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Intellectual Property Rights
All intellectual property on the website, including but not limited to content, trademark (or any confusingly similar trademarks), trade names, logos, pictures, videos, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to Chantilly Furnishings and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to you in terms of the section A4 above, all other rights to intellectual property on the website are expressly reserved. No person shall amend, copy, use, decompile and/or reverse engineer the source code of the website. No person may use logos, icons or trademarks from the website as hyperlinks or for other purposes without Chantilly Furnishing’s consent.
Disclaimer and limitation of liability
Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Chantilly Furnishings shall not be liable for any damage, loss or liability of any nature incurred by whomever resulting from access or use of our website or the purchase of any of our products or services. You hereby agree, to the extent permitted by law, to indemnify us against any loss, damage or claim that we may suffer as a result of your use of our website and/or its contents contrary to these terms.
How we use cookies
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Email privacy policy
We have created this email privacy policy to demonstrate our firm commitment to your privacy and the protection of your information. We use security measures to protect against the loss, misuse and alteration of data used by our system. We take all reasonable steps to secure the content of the website and all the information provided by and collected from users, from unauthorised access and/or disclosure. Chantilly Furnishings, however, does not make any warranties or representations that content shall be entirely safe or secure.
If you received a mailing from us, (a) your email address is either listed with us as someone who has expressly shared this address for the purpose of receiving information in the future (“opt-in”), or (b) you have registered on our website or otherwise have an existing relationship with us. We respect your time and attention by controlling the frequency of our mailings.
We will never share, sell, or rent individual personal information with anyone outside Chantilly Furnishing unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information and to contracted service providers for purposes of providing services relating to our communications with you.