Term and Conditions

Some important info about the ‘small print’

Here’s everything you need to know about our Terms and Conditions

Welcome – here’s what this information covers We’ve put together a list of all the key points about the terms and conditions that you’ll be entered into when you place an order with us.

Let’s start with the basics – ‘who’s who’ and ‘what’s what’ You agree to be bound by the terms and conditions as set out below and they’ll 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.

1. WHAT DO THE TERMS MEAN? 1.1 In these terms and conditions and Your sale agreement (which was given to You on the day You purchased the Goods), the following words shall have the following meanings: “You” or “Your” means the person named in the Order who we’re supplying the Goods to in accordance with these terms and conditions; “We”, “Us” or “Our” means The Bed Site Shop D9 Prospur Park 38 Oscar Street Hughes Boksburg. “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. YOUR ORDERS:

2.1 These terms and conditions apply to Orders placed online, over the phone or in store. 2.2 It’s 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 are clearly noted in the Order. These will be shown separately. If they’re not included in the Order then these services haven’t been purchased and won’t be provided. These can be added by contacting Dean  on 0739623285

2.2 A confirmation of your Order will be sent automatically by e-mail and, unless You are notified to the contrary within 48 hours of this confirmation, 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 standard industry manufacturing tolerances;

(c) comfort grading is for guidance only;

(d) when placing a mattress on a bedstead please note that there may be a gap around the edges; this is normal and is designed to allow for rotation & bedding.

3.3 We will ensure that at the time 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 Our obligations cover normal domestic home use only and do not apply to any natural mattress settlement or any defect in the goods arising from fair wear and tear, wilful damage, accidental damage, negligence by you, commercial use, failure to follow our written instructions regarding care of the goods, or any alteration or repair to the goods that you carry out without our prior written approval.

4. PRICE AND PAYMENT:

4.1 Full payment is required at the time the Order is placed and The Bed Site will collect this using the debit/credit card details supplied by the buyer. 4.2 Our prices are the same, whether you purchase online or in store.

5. OUR DELIVERY AND COLLECTION SERVICE

5.1 Delivery of the Goods will be at a R200  charge Monday to Saturday.

5.2 Delivery will be made to the delivery address specified on the Order. We will not be able to change the delivery address for any Order covered by a finance agreement. For all other Orders any changes to a delivery address must be supported by documentary evidence. You must notify us at least 72 hours before delivery of any delivery amendments. Any amendment, however small, may lead to an increase in lead time or change of delivery date. Paragraph 7.4 below will not apply to any such change in lead time or delivery date.

5.3 We only do deliver in Gauteng.

5.4 Delivery dates and indicative lead times start from the date of the Order. While these are given in good faith, they may be subject to change due to events outside our control. If we are unable to deliver the Goods on the date you have booked or within the indicative lead time shown on our web site at the time the Order was made, then – a) if you told us at the time of purchase or if it is clear from the circumstances at that time that the agreed delivery date or indicative lead time was essential, you will be entitled to cancel the Order and we will provide you with a full refund of all amounts paid; b) otherwise, we will agree with you a revised date or further period of time for delivery based on the circumstances appropriate for those Goods. If we are unable to deliver your Goods on the revised date or before the end of the further period of time, you will be entitled to cancel the Order and we will provide you with a full refund of all amounts paid.

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

5.6 Delivery of Your Order will be made between 09:00 and 18:00 on the scheduled delivery date. You will receive notification of an estimated two-hour delivery time slot by email and/or Whatsapp late afternoon the day before your scheduled delivery date. We will aim to reconfirm your estimated two-hour time slot by telephone before 10:30 on the morning of delivery. The estimated time slot is indicative only and not intended to be a guarantee. While we’ll make every effort to deliver your goods within the estimated time slot, on rare occasions deliveries may be affected by factors beyond our control. On such occasions, we will do our very best to keep you informed of any changes to your delivery time.

5.7 Delivery will be deemed to have taken place when the Goods have been delivered to the address set out in the Order.

5.8Delivery is to Your room of choice at the delivery address. We don’t need to satisfy Ourselves that the person accepting delivery at the agreed address is authorised by You to accept the Goods.

5.9 If we reasonably believe that the Goods cannot be delivered to Your room of choice without damaging the Goods and/or Your property, or if there are access restrictions to or in Your home that prevents or inhibits reasonable attempts of delivery, or if the Goods do not fit in your room of choice, we will not be able to complete delivery to that room and will discuss alternative options with You.

5.10 Where Paragraph 5.9 applies, you may choose to cancel the Order in accordance with your cancellation rights shown in Paragraph 11 below. However, You may choose to reselect to an alternative product Order as a replacement for the Goods, and in this case the following will apply:

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

(b) You shan’t 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 of R200.

5.11 The Goods may require some assembly. If you’ve purchased an assembly service, this’ll be carried out by Us or a provider selected by Us. If You have not purchased this service, it’s Your responsibility to assemble the Goods.

5.12 We’ll notify You in by email or Whatsapp when your goods are ready for collection.

9. OTHER PROVINCES BESIDES GAUTENG

We do not deliver to other provinces besides Gauteng.

We do stipulate on our homepage below the slider in white writing on a blue background.

The orders to do not get processed when orders are from another province besides Gauteng as the website blocks the process from advancing.

We have found that customers from other provinces do put Gauteng at the end of the address to bypass the system and the orders do go through.

The Bed Site will refund these customers from these other provinces less a 10% penalty.

6. Guarantee and Warranty explained:

Guarantee

The guarantee or guarantee period means that if the  bed or mattress fails due to proven manufacturing fault or defect during this time, the replacement is free. To honour the guarantee the bed or mattress has to be in a good sanitary condition with no stains or spills etc and must not show signs of abuse. Comfort is not guaranteed.

Warranty Period

If a manufacturing fault appears during the warranty period of the guarantee, the manufacturer  pays a certain percentage of the repair or replacement, with the customer paying the rest. The customer is required to pay the delivery costs during the warranty period. The charge will reflect the period of use, the current retail price and the number of years left on the warranty. In the case of a 10 year warranty on a  bed or mattress, there’s generally a one year guarantee and 9 year warranty. If the bed fails after 4 years the charge is calculated at 40% of the current retail price plus delivery/installation charges. After 8 years the customer’s contribution would be 80%. You should be aware that all guarantees and warranties are void if a fault results from misuse of the product. Consequently, if you have cause to complain, please contact the The Bed Site giving proof of purchase and outlining the nature of your complaint. If the guarantee and warranty conditions have been satisfied, we will then liaise with the manufacturer.

7. RESPONSIBILITY FOR RISK AND OWNERSHIP: 7.1 Responsibility for and ownership of the Goods passes to You once the Goods are Delivered or collected. 7.2 Where You have decided to pay through Our finance options, responsibility for and ownership of the Goods will only pass to You in accordance with the terms of Your finance documentation.

8. CANCELLATION

8.1 You may cancel the goods for any reason and at any point after placing your order, provided your intention to cancel is notified to us no later than 5 days after the day of delivery. The good have to be unused and factory sealed.We will provide a full refund of the price you paid for the goods without deduction, except if its a special size order. Your intention to cancel can be notified to us by:

1. a) calling customer Dean on 0739623285.
2. b) emailing to thebedsite@gmail.com

8.2 Orders for made-to-measure goods (see definitions at clause 1 above) cannot be cancelled once your order has been accepted by us.

8.3 You should not handle the goods beyond what would be reasonably allowed in one of our stores to establish the nature, characteristics and functioning of the goods. If the value of the goods is reduced by any amount through unnecessary handling, we shall be entitled to make a deduction of that amount from any refund.

8.4 In the case of sealed goods, such as, but not limited to, pillows, mattress protectors and duvets, we reserve the right to reject cancellation for health protection or hygiene reasons if these goods become unsealed after delivery. This does not apply if the goods in question are found to be faulty.

8.5 You must make the goods available for collection by us within 14 days from the date you first notified us of your intention to cancel the goods. We will deduct a charge of R200 from the refund to cover the cost of collection.

8.6 It is your responsibility to take reasonable care of the goods while they are in your possession. If the goods, when returned to us, exhibit any signs of wear and tear or damage caused while they were in your possession, we may require a further deduction from any refund to reflect the diminution in the value of the goods.

8.7 You should return the goods in their original packaging and factory sealed.

9. ABOUT REFUNDS: 9.1 Refunds will be made to You as soon as possible and in any event within a period of 15 days from return of the Goods.

9.2 If Goods have been Delivered, then a refund can’t be made until we’ve collected the Goods.

9.3 Refund amount will be less 5% of the total paid due to  payment portal charges that we do incur when the payment is processed to our bank.

10. EVENTS OUTSIDE OUR CONTROL:

10.1 We’ll 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 or other natural disaster;

(d) unavailability of motor transport;

(e) unavailability of public or private telecommunications networks.

(f)delays caused by loadshedding.

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

11. LIMITATION OF LIABILITY:

11.1 We are under a legal duty to supply products and services that are in conformity with this contract. Nothing in these terms will affect your legal rights.

11.2 We’re responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we’re responsible for loss or damage You suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we’re not responsible for any loss or damage that isn’t foreseeable. Loss or damage is foreseeable if either it’s obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

11.3 In the case of damage to Your property caused by our failure to use reasonable care and skill during Delivery, Our liability is limited to Your direct costs of returning Your property to its pre-damage condition. We’re not responsible for any element of the repair cost that may be reasonably be considered as betterment.

1.5 Subject to clause 14.2, our total liability to You under or connected with these terms won’t exceed the price payable for the goods for any one event or series of connected events.

11.6 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.

12. PROTECTING YOUR DATA:

12.1 Here at The Bed Site, we take your privacy seriously. PRIVACY POLICY Overview The Bed Ste is committed to respecting your privacy rights. This privacy policy, which applies whether you visit our stores, use our websites, or contact us by telephone or email, provides you with information about:

• what personal data we collect;
• how we use that personal data;
• disclosures of your personal data to third parties; and
• the legal basis on which we rely on to process your personal data

You don’t need to take any action as a result of this privacy policy, but You do have certain legal rights as described below. It’s important that You read this privacy policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we’re collecting or processing personal data about You so that You are fully aware of how and why we’re using your data. This privacy notice supplements the other notices and isn’t intended to override them. This website isn’t intended for children and we don’t knowingly collect or solicit data relating to children.

12.2 Important information and who we are Who we are The Bed Site is the “data controller” of your personal data (referred to as “we”, “us”, “our” or “The Bed Site”). In simple terms, this means that we: (i) “control” your personal data, including making sure that It’s kept secure; and (ii) make certain decisions on how to use and protect your personal data, but only to the extent that we have informed You about the use or are otherwise permitted by law.

Company Details The Bed Site is registered in South Africa. Company registration number: 2016/322079/07. Registered Office: Shop D9 Prospur Park 38 Oscar Street Hughes Boksburg. Changes to this privacy policy and your personal data This privacy policy is regularly reviewed and was last updated on 23/05/2022 Third-party sites and links Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about You. We don’t control these third-party websites and are not responsible for their processing of your personal data. When You leave our website, we encourage You to read the privacy notice of every website You visit 12.3 The personal data we collect about you The types of personal data that we collect, use and store about You will depend on the product or service You have with us. We collect the following personal data:

• your name, age/date of birth and gender;
• your contact details: postal address including billing and delivery addresses, telephone numbers (including mobile numbers) and e-mail address;
• purchases and Orders made by You;
• your on-line browsing activities on our website.
• your correspondence and communications with The Bed Site.

The Bed Site website isn’t intended for children and we don’t knowingly collect or solicit personal data from anyone under the age of 16.

12.4 How we obtain your personal data Information You provide to us We collect information about You directly when You provide it to us in correspondence and conversations (including via email and telephone) and through forms and contracts we may enter with You Information we get from other sources We collect personal data from third parties who have your consent to pass your details to us, or from publicly available sources.

12.5 How we use your personal data We’ll only collect and process your personal data where we have the lawful basis to do so. We use your personal data for the following purposes, and pursuant to the corresponding legal basis:

13. HOW TO CONTACT US:

16.1 For questions, requests to amend Orders, requests to change Delivery details, requests for refunds and all other queries You may contact Us by:

(a) contacting the store where You placed Your Order;

(b) calling Dean on 0739623285

(c) emailing to thebedsite@gmail.com

14. RISK AND OWNERSHIP: Ownership of the Goods will only pass when cleared funds have been received from the Buyer, regardless of whether delivery has taken place.

15. FRAUD PREVENTION: The Bed Site retains the right to investigate any order placed on this website or by phone that it suspects to be fraudulent. Any such order will not be delivered until It’s proven that the order is bona fide. For your protection, to ensure that your credit, debit or charge card isn’t being used fraudulently, we’ll validate your name, address and other personal information supplied by You during the order process against appropriate third-party databases. By accepting these terms and conditions You consent to such checks being made.