Some important info about the ‘small print’
Here’s everything you need to know about our Internet & Telesales 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.
These terms and conditions are governed by the laws of England and Wales and don’t affect your statutory rights.
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 0scar Street Hughes Boksburg Gauteng;
“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 through a brochure only. To view our terms and conditions for items purchased instore, please visit our website on the store T&Cs page.
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 (such as assembly or collecting the old bed) are clearly noted in the Order. These will be shown separately. These can be added by contacting Customer Services on 0739623285.
2.3 A confirmation of your Order will be sent automatically by e-mail or Whatsapp. 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; and
(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 In addition to meeting our obligations set out in clause 3.3 above, if during the first 12 months from the date of delivery (the “guarantee period”), you inform us that you believe the goods do not conform to any of these obligations, we will arrange an inspection at our cost to verify this.
(a) if this inspection finds that we have not breached any of our obligations, we will decline any further action, but will provide full details of the reasons for the decision. You will have direct access to any reports completed by the inspection specialist;
(b) if the inspection verifies that the goods do not conform to any one of our obligations, should you be entitled to reject the goods for a refund under clause 3.7.1 below and you choose to exercise that right, we will provide a full refund without any deduction for use. In all other circumstances, your rights are set out in clause 3.7.
3.5.1 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.
3.5.2 Nor do our obligations cover defects drawn to your attention prior to purchase or where you examined the goods prior to purchase and you should have been reasonably expected to notice any defect.
3.6.1 Once the guarantee period has expired, if you believe the goods do not conform to the requirements set out in clause 3.3 above, you must provide suitable evidence showing that we are in breach of our obligations. Normally, such evidence would be in the form of a report from an inspection company arranged at your cost. Ideally, any inspection service used should be from a recognised, independent specialist approved by us to ensure that you and we have confidence in the inspection outcome.
3.7.1 In the rare event that goods are found not to conform to the requirements set out in clause 3.3 above, we will follow a fair and fast process. In these circumstances, you have the following rights:
5. PRICE AND PAYMENT:
5.1 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.
5.2 Our prices are the same, whether you purchase online or in store.
7. OUR DELIVERY AND COLLECTION SERVICE
7.1 Delivery of the Goods will be R200 in Gauteng.
We only do deliver in Gauteng.
7.2 Delivery will be made to the delivery address specified on the Order.
7.3 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.
7.4 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.
7.5 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 on the day 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.
7.6 Delivery will be deemed to have taken place when the Goods have been delivered to the address set out in the Order. Subject to Paragraph 7.8 below, Delivery 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.
7.7 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.
7.8 Where Paragraph 7.8 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 and our reasonable administration costs.
7.9 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.
7.11 Where you have purchased Goods and services via our telesales team and You fail to pay the full price of the Goods and any services within 7 days of the scheduled delivery date, subject to Paragraph 7.13 below, delivery will be deferred until the first available date following payment in full of any outstanding balance. It is your responsibility to make sure that any outstanding balance is paid in a timely manner.
7.12 Where You fail to pay any outstanding balance or take Delivery or collect the Goods within 90 days after the scheduled delivery date, We’ll be entitled to cancel the Order and provide a full refund of all monies paid. In these circumstances, we’ll send you written notification 14 days before cancellation, providing you with an opportunity to pay any outstanding balance or to agree a final delivery date.
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 previously 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.
9. RESPONSIBILITY FOR RISK AND OWNERSHIP:
9.1 Responsibility for and ownership of the Goods passes to You once the Goods are Delivered or collected.
9.2 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.
10. CANCELLATION
10.1 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 14 days after the day of delivery. We will provide a full refund of the price you paid for the goods without deduction, except as provided at sub-clauses 10.3 and 10.4 below. Your intention to cancel can be notified to us by:
- a) calling customer services on 0739623285
- b) contacting customer services on Chat;
- c) emailing customer services to thebedsite@gmail.com
10.2 Orders for made-to-measure goods (see definitions at clause 1 above) cannot be cancelled once your order has been accepted by us.
10.3 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.
10.4 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.
10.5 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 from the refund to cover the cost of collection. The collection of goods with a purchase value of less than R2000 will incur a charge of R200.
10.6 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.
10.7 You should return the goods in their original packaging, if this is available, and, if it is not available, you should make sure that the goods are suitably and sufficiently packaged to protect them while in transit back to us.
11. ABOUT REFUNDS:
11.1 Refunds will be made to You as soon as possible and in any event within a period of 30 days from return of the Goods.
11.2 If Goods have been Delivered, then a refund can’t be made until we’ve collected the Goods.
12. EVENTS OUTSIDE OUR CONTROL:
12.1 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, except in the circumstances envisaged by clause 7.6;
(b) strikes, lock-outs or other industrial action;
(c) fire, explosion, storm, flood, snow or other natural disaster;
(d) unavailability of shipping,
(e) unavailability of public or private telecommunications networks.
13.2 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.
14. LIMITATION OF LIABILITY:
14.1 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.
14.2 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.
14.3 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.
14.5 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.
14.6 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.
15. PROTECTING YOUR DATA:
15.1 Here at The Bed Site, we take your privacy seriously.
PRIVACY POLICY
Overview
The Bed Site 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.
15.2Important 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.
How to contact us or make complaints
If You have any questions regarding our use of your personal data (including any requests to exercise your legal rights), or this privacy policy, please contact thebedsite@gmail.com.
Company Details
The Bed Site is registered in South Africa. Company registration number: 000000000.
Our full contact details are:
The Bed Site 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 07/01/2023
It’s important that the personal data we hold about You is accurate and up-to-date. Please keep us informed if your personal data changes during your relationship with us.
15.7 How we keep your personal data secure
We’ve put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. On our website this includes ensuring that all transactions are secure, with details that you send to us being encrypted and sent across a secure connection. This means that the information you send us cannot be read by anyone other than the The Bed Site team.
16. 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 Our customer services on 0739623285;
17. POLICY DISPUTES:
17.1 All policy disputes regarding these Terms and Condition will need to be put in writing to
thebedsite@gmail.com
We’ll usually look to respond to all policy disputes within five working days.
18. 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.
19. 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. Should The Bed Site be unable to prove that an order is bona fide or to contact the Buyer then the monies will be refunded to the original payment card used and the order will be cancelled.