Terms and conditions of use

You agree to be bound by the terms and conditions as laid out below and they will govern each order that you place with us. Each order is a separate legally binding contract. You should read these terms and conditions carefully and make sure you understand them.

If a provision in these terms and conditions is found to be invalid or unenforceable by a court it will not affect the validity of the remaining provisions.

These terms and conditions are governed by the laws of South Africa and do not affect your statutory rights.

1. DEFINITIONS:

1.1        In these terms and conditions and Your sale agreement 

"You" or "Your" means the person named in the Order to whom we are supplying the Goods in accordance with these terms and conditions;

"We", "Us" or "Our" means The Bed Site,Registration No 2016/322079/07,situated at No 86 A Rietfontein Road,Boksburg,Johannesburg.

"Order" means Your order for the Goods;

"Goods" means all products listed in the Order;

Made to Measure” mean any Goods that are made to specific, non-standard dimensions as determined by You; and

"Delivery" means the delivery of the Goods to the delivery address specified in the Order.

2. ORDERS:

2.1        These terms and conditions apply to Orders placed Online, Over the phone or through a brochure only.

2.2        It is Your responsibility to check:

(a)        the dimensions of all Goods to ensure that they will fit into Your property; and

(b)        that additional services requested (such as assembly or disposal) are clearly noted in the Order. These will be shown separately. If they are not included in the Order then these services have not been purchased and will not be provided. These can be added by  contacting Customer Services on 0739623285 / 6

2.3      A confirmation of your order will be sent automatically by e-mail, the order will be deemed to be accepted by The Bed Site.

3. GOODS:

3.1        The description of the Goods will be as specified within the Order.

3.2        You should be aware that:

(a)        all sizes given are approximate and stated bed and mattress sizes refer to the sleeping surface only;

(b)        mattress sizes may vary slightly from their stated dimensions due to manufacturing tolerances; and

(c)        personal comfort cannot be guaranteed.

(d)        When placing a mattress on a bedstead please note that there maybe a gap around the edges; this is to allow for rotation & bedding.

3.3        We guarantee (the "Guarantee") that for 12 months from the date of Delivery, the Goods will:

(a)        be of satisfactory quality;

(b)        be fit for the purpose for which they are designed and supplied;

(c)        be free from material defects in design, material and workmanship; and

(d)        comply with all applicable statutory and regulatory requirements for selling the Goods in South Africa.

3.4        The Guarantee covers normal domestic home use only and does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by You, commercial use, failure to follow Our written instructions regarding care of the Goods, or any alteration or repair to the Goods which you carry out without Our prior written approval.

3.5        If you inform us that the Goods have breached the Guarantee, we will arrange an inspection to verify this. If this inspection finds that the Goods have not breached the Guarantee, We will decline any further action, but provide full details of the reasons for the decision. You will have direct access to any reports completed by the inspection specialist.

3.6        If you would prefer to use an inspection service of Your choosing, then this must be done at Your cost. Any inspection service used must be a recognised, independent specialist and we must agree in writing to them carrying out the inspection.

3.7        In the rare event that Goods are found to have breached the Guarantee, We will follow a fair and fast process. We will either repair or replace the Goods free of charge. Alternatively, We may (if We choose) provide a full refund of the price paid by You for the Goods. We will do our best to agree with You which remedy would be most appropriate.

3.8        The Guarantee shall apply to any repaired or replacement Goods we supply to you.

3.9        Guarantees and warranties are null and void if the product is deemed to be soiled, burnt, stained, infested with insects or in an unsanitary condition.

4. PRICE AND PAYMENT:

4.1      Full payment is required at the time the order is placed.

4.2      Customer Privacy policy
The Bed Site shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal
information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
http://www.polity.org.za/attachment.php?aa_id=3569 .

4.3      Payment options accepted
Payment may be made via Visa and MasterCard.

4.4     Card acquiring and security
Card transactions will be acquired for The Bed Site via PayGate (Pty) Ltd who are the approved payment gateway for all South African
Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the
website. Users may go to www.paygate.co.za to view their security certificate and security policy.

4.5      Customer details separate from card details
Customer details will be stored by The Bed Site separately from card details which are entered by the client on PayGate’s secure site. For
more detail on PayGate refer to www.paygate.co.za.

4.6      Responsibility
The Bed Site takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website,
customer service and support, dispute resolution and delivery of goods.
4.7       Variation
The Bed Site may, in its sole discretion, change this agreement or any part thereof at any time without notice.

5. DELIVERY AND COLLECTION

5.1        Delivery of the Goods will incur a separate charges depending on the area of delivery.

5.2        Delivery will be made to the delivery address specified on the Order and any changes to a delivery address must be supported by documentary evidence. You must notify us at least 72 hours prior to Delivery of any delivery amendments. Any amendment however small may lead to an increase in lead-time or change of delivery date.

5.3        We can deliver to the majority cities and provinces. Please contact Us for more details.

5.4        Delivery dates and lead times are given in good faith but are subject to change. Most delivery lead times start from the date of Order. Please contact Customer services for details.

5.5        If, as a result of circumstances beyond our control, we are or reasonably believe that we will be unable to complete Delivery of the Goods, we will be entitled to cancel the Order and will provide you with a full refund of all amounts paid.

5.6        Delivery will be deemed to have taken place when the Goods have been delivered to the address set out in the Order. Delivery is to the room of Your choice at the delivery address. We do not need to satisfy Ourselves that the person accepting delivery at the agreed address is authorised by you to accept the Goods.

5.7        If we are unable to complete Delivery due to the Goods not fitting in the required room at the delivery address, You may order a different product as a replacement for the Goods. In these circumstances:

(a)        You must pay the difference between the price of the Goods and any replacement product which is of higher value;

(b)        You shall not be entitled to a refund of the difference between the price of the Goods and any replacement product which is of lower value; and

(c)        You must pay a delivery charge and our reasonable administration costs.

5.8      The Goods may require some assembly. If you have purchased an assembly service, this will be carried out by a provider selected by Us. If you have not purchased this service, it is Your responsibility to assemble the Goods.

5.9      You should inspect the Goods carefully upon Delivery. If assembled by Us or our provider at the delivery address, Goods will be deemed accepted once assembled unless you inform us otherwise at the time. Where Goods are not removed from their packaging or you have otherwise not had a reasonable opportunity to inspect the Goods on Delivery, the Goods will be deemed accepted  after Delivery.

5.10      We will notify You in writing or verbally once the Goods are ready for Delivery or collection.

6. RISK AND OWNERSHIP:

6.1      Responsibility for and ownership of the Goods passes to You once the Goods are Delivered or collected.

6.2      Ownership of the Goods will only pass when cleared funds have been received from the Buyer, regardless of whether delivery has taken place.

7. EVENTS OUTSIDE OUR CONTROL:

7.1      We will not be liable or responsible for any failure to perform Our obligations under the Order that is caused by events outside Our reasonable control.  These include (without limitation) the following:

(a)        delays caused by one of Our suppliers,

(b)        strikes, lock-outs or other industrial action;

(c)        fire, explosion, storm, flood, snow or other natural disaster;

(d)        unavailability of transportation, public or private transport;

(e)        unavailability of public or private telecommunications networks.

7.2      Our obligations under these terms and conditions are suspended for the period that such events continue and we will have an extension of time to perform these obligations for the duration of that period.

8. LIMITATION OF LIABILITY:

8.1      We do not accept any responsibility for damage to Your property during Delivery other than damage due to Our negligence when Our liability is limited to Your direct costs to repair that damage.

8.2      Our total liability in connection with or arising from the Order, whether in negligence or otherwise, shall be limited to the value of the Goods.

8.3      We shall not be liable for any indirect or consequential losses, costs or expenses in connection with or arising out of the Order.

8.4      Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraud or any other liability which may not otherwise be limited or excluded under applicable law.

9. REPLACEMENTS OF GOODS

           Should The Bed Site supply wrong or faulty goods, we will exchange in a reasonable amount of time.

10. REFUNDS

           In case of  a refund we will do a bank transfer to you and could be subject to a minimum handling fee of 15%.

           The Bed Site is not obligated  to exchange or refund goods that arise from a special order that is not part of our stock range.

           The Bed Site is also not obligated to exchange goods that upon delivery cannot fit in the room for intended use.

           Refunds exclude delivery charges and pick up charges if applicable.