Terms and Conditions for Soft&Co. Furniture Purchases

 

1. Introduction

These Terms and Conditions (hereinafter referred to as “Terms”) govern the use of our online custom design furniture retail platform (the “Platform”)as well as via email, in person and any other form and the purchase of custom-designed furniture products (“Products”) from Soft&Co. (“we,” “us,” or “our”). By accessing and using our Platform and purchasing Products, you agree to abide by these Terms. Please read them carefully before proceeding with any transaction.

If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Soft&Co. to explain it to you before you accept the Terms and Conditions or continue using the Website. Soft&Co. permits the use of this Website subject to the Terms

2. Ordering Process & Lead Time

2.1. Customization: You can customize our furniture Products by choosing materials, dimensions, finishes, and other design options available on the Platform.

2.2. Orders: By placing an order, you agree that you have reviewed and approved all design choices and specifications. Custom-made Products are unique and may not be returned or exchanged unless they are defective or not as described.

2.3 Product images: Photos and images of products are a guideline only and we cannot guarantee an exact replica in the final product. Items can differ in colour and look from the images shown on the website.

2.4 Availability: Our product range can be summarized into the following categories:

  • Locally manufactured items usually have a lead time of minimum 4 weeks up to possible 8 weeks.
  • Special imports. Minimum order quantities and extended lead times will apply.

3. Payment

3.1. Pricing: All prices displayed on the Platform are in the currency specified. Prices are subject to change without notice especially in the event of exchange rate fluctuations. The final price will be confirmed at the time of order placement. We reserve the right to discontinue or modify products at any time without prior notice.

3.2. Payment Methods: We accept various payment methods, including credit/debit cards and other payment options specified on our Platform. Payments are processed securely.

3.3 Purchase Price : The purchase price of the Products shall be paid to Soft&Co. in full upon selection of items by the customer. Goods remain the property of the Company until paid in full.

Payments made by EFT (Electronic Funds Transfer) require a 48-hour period in order for the funds to clear and to allocate them to the relevant order/s. Goods will only be released for collection or delivery once the receipt of funds has been confirmed. Prices are subject to change without prior notice especially in event of exchange rate fluctuations. We reserve the right to discontinue or modify products at any time without prior notice.

Soft&Co. does not accept cheque payments.

If the Customer fails to make any payment on due date, all amounts owing by the Customer, whether or not the date for payment has arrived, will immediately become due and payable by the Customer.

In such a case, the Customer shall also immediately forfeit all discounts of whatsoever nature which may have been granted to it by Soft&Co.

4. Production and Delivery

4.1. Lead Time: Customization and production timeframes vary depending on the complexity of your order. We will provide an estimated delivery date upon order confirmation.

Our product range can be summarized into the following categories:

  • Locally manufactured items usually have a lead time of minimum 4 weeks up to possible 8 weeks.
  • Special imports. Minimum order quantities and extended lead times will apply.

4.2. Delivery Charges: The customer is responsible for the costs related to the delivery of the product/s.

Delivery charges will be communicated to you during the checkout process. Additional charges may apply for special delivery requests or remote locations.

While Soft & Co endeavors to organize country wide delivery, delivery to all locations cannot be guaranteed. Delivery charges are payable in full at the time of the order being placed.

The Customer acknowledges that a delivery date given in advance is an estimation of delivery date and while Soft & Co will endeavor to ensure that delivery is completed as soon as is reasonably possible after the estimated delivery date, it shall not be liable for delays resulting from any cause beyond its control.

Risk in and to the Product/s pass to the Customer upon delivery.

Upon receipt of the Product/s the Customer will inspect the Product/s and must inform Soft & Co of any errors by way of written notice within 7 (seven) days of receipt of the Product/s by the Customer. In the event that the Customer fails to notify the company of any such claim within the specified time period, such failure shall constitute a waiver of any such claim. Any Product/s delivered to the Customer ordered in error will only be considered for return by Soft & Co if the Product/s are undamaged. The client is required to inform Soft&Co in writing in the event that the delivery may be impacted or impeded by factors including but not limited to, lift access, flights of stairs, narrow passages and or other difficult obstacles or hindrances that may affect delivery in respect of the order. Delivery provides for one drop at a single location only where there is vehicular access.

Our delivery personnel and transport contractors do not unwrap or remove the packaging materials. They will not ordinarily distribute the furniture to various offices, rooms, or floors at the destination. Delivery does not include any installation that might be required.

4.3. Acceptance: Upon receipt of your order, inspect the Products for any damage or defects. If you find any issues, contact us within 3 days of delivery to report the problem.

5. Returns and Refunds

5.1 Returns: Returns are not permitted by Soft&Co, subject to the application of provisions set out in the Consumer Protection Act (CPA).

5.1. Defective Products: If you receive a defective Product, please contact us immediately. We will arrange for a return, repair, or replacement at our discretion. Ensure all Products are kept in original wrapping and packaging.

5.2. Cancellations: Due to the custom nature of our Products, cancellations can only be made within 3 days of order placement. A cancellation fee may apply based on any costs incurred or time wasted up to and including the date of cancellation, including a minimum admin fee of 5% of the total value of the order being cancelled and the client agrees that such forfeiture shall form part of a reasonable cancellation penalty to which Soft&co is entitled.

5.3. Refunds: Refunds will be issued if we are unable to fulfill your order due to circumstances beyond our control. Refunds for defective or damaged Products will be provided in accordance with our warranty policy.

6. Warranty

6.1. General: The colour, texture and composition of fabric or wood may vary from the products displayed in store or on this website due to dye lot variations and natural timber variations. Due to the many variations in monitors and browsers, colour samples may appear different on different monitors. Computer monitors are not all calibrated equally and colour reproduction on the Internet is not precise. Reclaimed wood is unique, and no two products are the same. The wood will display holes, nail marks, scuffing and are part of the intrinsic beauty of the product. Solid timber products have natural markings, cracks and colour variations due to the nature of the product; these are the characteristics of a natural product and not defects or signs of damage.

Soft & Co will only be liable to honour a warranty if:

The defect existed at the time of delivery and manifested during the warranty period;

The defect did not arise due to normal wear and tear or misuse/abuse by the Customer;

The product concerned is used for the purpose intended and in a domestic/residential environment. (unless a waiver is given in writing by Soft&co).

The Customer duly complied with the care instructions and maintenance and the Customer provides the original invoice.

If you have received a product which turns out to be defective, please notify us as soon as reasonably possible after you become aware of the defect, but in any event within 3 months after delivery of the product.

Once we have inspected the product and validated your return, we will, at your choice, repair / replace the product (if such repair / replacement is possible) or credit your account with the purchase price of the product (or refund you if that is your preference). Credits and refunds are normally handled within 8 days of logging the return (bear in mind that refunds can take 1-4 working days to reflect in your account). Repairs and replacements could take longer, depending on parts / replacement availability.

Please provide suitable packaging for returning the product, original packaging or suitable protective packaging and wrapping is required, as well as all accessories that were sold with the defective item when you return it to us – regardless of whether you request a repair / replacement or a refund. Our courier is entitled to refuse collection of a product that is not properly packaged for transport.

6.2. Leather Furniture: Dye lots may vary as the hide has not been corrected to remove imperfections.  The leather develops a patina during its expected useful lifetime. Colour variations may occur due to multiple hides required to make up the item.

Marks, tick bite scars, scratches, stretch marks and scuff marks are characteristic of full grain leather and are therefore not defects. Cattle branding marks may also be visible and are not considered defects. Exposure to too much sunlight may lead to fading and drying.

6.3. Upholstered Furniture: Upholstered furniture is warranted for a period of 6 months from date of delivery/collection in respect of the frame and craftsmanship. The warranty does not extend to the fabric or leather used to upholster the product as this is subject to wear and tear associated with use. Furthermore, usage and treatment in the Customer’s environment is beyond the control of Soft & Co. Exposure to sunlight can lead to fading.

Warranties do not apply to:

Defects or damage arising from negligence, abuse or misuse, including (but not limited to) improper maintenance, exposure to water, direct sunlight, coastal air, chemicals, accidents, any use for which the product was not designed nor does it cover ordinary wear and tear and failure to comply with Soft&Co’s care instructions or specifications. Extreme use is considered damage caused by more than normal wear and tear this includes:

  • Solvent and/or other spills
  • Ink, Pen or crayon marks
  • Paint
  • Body fluids (human or animal)
  • Improper cleaning techniques
  • Placing furniture outdoors in direct sunlight or in close proximity to an open heat source -heaters, fire places, braai stands.

6.4. Timber Warranty: Timber products are warranted for a period of 6 months from date of delivery/collection in respect of frame and workmanship. Should the original product be altered in any way, the warranty will be void.

6.5. Soft&Co records and the Client agrees that the following would not amount to a defect entitling the Client to any repair or replacement of the Goods or any refund of the purchase price:

    1. A slight difference in colour or texture from product to product, resulting from the use of materials which may have natural flaws and natural variances, including materials such as wood, brass, stone, marble or leather;
    2. Non-defective products that have been custom “made to order”;
    3. A product that has been damaged as a result of inadequate care, or as a result of negligence (as determined in Soft&Co’s sole discretion);
    4. A product that the Client or any other person has altered, repaired, used, incorporated or added to where such alteration, repair, incorporation or addition has not been authorised in writing and in advance by Soft&Co;
    5. A product, where by its nature of being handmade and/or using natural materials, it has cracks, repair marks and/or imperfections which are a fundamental element of the product and which adds to the intrinsic value of the product will not be considered to be a defect;
    6. A product which has not been correctly maintained (as determined in Soft&Co’s sole discretion), including but not limited to, goods such as outdoor furniture that has not been regularly oiled to protect it from extreme weather conditions, or non-adherence to any other maintenance guidelines as set out in Soft&Co’s furniture care guides.

7. Care Instructions

7.1. Melamine: Dampen a clean cloth, wring it out well so it’s barely damp, and wipe down the melamine surfaces. Dry the surface thoroughly with a clean, dry cloth.

Mdf sprayed: Wipe down sprayed surfaces with a soft damp lukewarm cloth. Do not wipe down with a cloth or sponge with an abrasive side. Dry the surface thoroughly with a clean, dry cloth.

Wood veneer and solid wood: Dampen a clean cloth, wring it out well so it’s barely damp, and wipe down the wood surfaces. Be sure not to soak the wood; excess moisture can damage it. Dry the wood thoroughly with a clean, dry cloth.

Epoxy: Wipe down metal surfaces with damp lukewarm cloth that is clean from any cleaning agents.

Fabric: It is recommended to consult directly with individual fabric houses on cleaning application or to outsource a professional cleaning company.

8. Privacy Policy

8.1. Information We Collect: We may collect various types of information when you visit our website or use our services, including:

Personal Information: This may include your name, email address, phone number, postal address, and any other information you provide to us voluntarily.

Payment Information: If you make a purchase through our website, we may collect payment information, such as credit card details, to process your transactions securely.

Usage Data: We collect information about your interactions with our website, including your IP address, browser type, device information, and browsing patterns.

Cookies: We use cookies and similar technologies to enhance your browsing experience and collect data about your use of our website. You can manage your cookie preferences by adjusting your browser settings.

8.2. How We Use Your Information:

We use the information we collect for various purposes, including but not limited to:

– Providing and improving our website and services.

– Processing and fulfilling orders and requests.

– Sending transactional communications, such as order confirmations and shipping updates.

– Sending promotional offers, newsletters, and marketing communications (you can opt out at any time).

– Analyzing website usage and trends to enhance user experience.

– Detecting and preventing fraud, security breaches, and abuse.

8.3. Disclosure of Your Information: We may share your personal information with third parties under the following circumstances:

– With service providers and partners who assist us in providing our services.

– With payment processors to facilitate transactions.

– In response to legal obligations, such as complying with court orders or law enforcement requests.

– In connection with the sale, merger, or acquisition of all or part of our company.

8.4. Security: We take reasonable measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. However, no data transmission over the internet or electronic storage method is entirely secure, and we cannot guarantee absolute security.

8.5. Your Choices and Rights:

You have the right to:

– Access and request a copy of the personal information we hold about you.

– Correct any inaccuracies in your personal information.

– Delete your personal information, subject to legal requirements.

– Opt out of marketing communications at any time.

8.6. Changes to this Privacy Policy: We may update this Privacy Policy periodically to reflect changes in our practices and services. Any updates will be posted on this page with the revised “Last Updated” date

9. Governing Law

9.1. Jurisdiction: In terms of relevant legislation, the Customer consents to the jurisdiction of the Magistrates Court in any action to be instituted against the Customer by Soft&Co in terms of the contract. However, it shall be entirely within the discretion of Soft&Co as to whether to proceed in such Magistrates Court or any other court having jurisdiction.

In the event of a breach of contract being committed by the Customer or in a situation where Soft&Co is required to take legal action, the Customer agrees to paying Soft&Co’s legal costs as between attorney and own client including all related costs i.e. tracing fees, collection commission, transportation costs, valuation charges, and other expenses in connection therewith.

10. Amendments

10.1. We reserve the right to amend these Terms at any time. Any changes will be posted on our Platform, and it is your responsibility to review them periodically.

11. Contact Information

11.1. If you have any questions or concerns regarding these Terms or your order, please contact us at Soft&co.

By using our Platform and purchasing our custom design furniture Products, you acknowledge that you have read, understood, and agree to these Terms and Conditions.