TERMS & CONDITIONS OF SALE

1. INTRODUCTION

1.1 WHEREAS MHEF (Pty) limited is the proprietor of this website, including its content, images, get-ups, logo, signs, copyright, designs (including furniture) et cetera (whether registered or not) which offers for sale, various goods, including but not limited to; sofas, chairs, headboards and all the other furniture as displayed on this website.

1.3 NOW THEREFORE you agree by clicking on the acceptance icon for these terms and conditions that the below terms and conditions will govern your relationship between MHEF. If you choose not to agree with any of these terms and conditions.

2. TERMS AND CONDITIONS: WEBSITE

2.1 You warrant that you are over 18 years of age and if you are not, then you will forward consent from your parents or guardian to purchase goods on this website.

2.3 The COMPANY is the proprietor and author of this website and you will not duplicate, transfer, give access to, copy or distribute any part of this website in any medium without the COMPANY’s written consent. In addition, you will not attempt to reverse, engineer, alter or modify any part of this website.

2.4 The website is provided to you ‘as is’ and the COMPANY does not warrant any service, functionality et cetera outside of its existing service and functionality. In addition we do not guarantee its compatibility with your mobile device, tablet or PC.

2.5 The Company may periodically change the terms and conditions of use of this website without notice, so kindly check them from time to time as your continued use of the site signifies your acceptance of any changed terms.

2.6 All information provided by you must be accurate and correct.

2.7 Information provided on this website may contain links to third party websites that are not owned or controlled by the COMPANY. The COMPANY has no control over, and assumes no responsibility for the content, advice, viruses, privacy policies, or practices of any third party websites.

2.8 Third party advice and/or websites do not necessarily represent the views or opinions of the COMPANY and the COMPANY does guarantee the accuracy thereof.

2.9 The COMPANY allows you the choice to subscribe to its notices which will contain information pertaining to its business, goods, services, sales, discounts et cetera. There will be an “opt out” function if you do not wish to receive such information.

2.10 Please notify the COMPANY in the event that you receive any notices that where you are of the opinion that any person is misusing or are bombarding you with unwanted messaging. Also notify us if the messages are defamatory, unlawful, pornographic, rude, insensitive, belittling, vulgar, racist, incite hatred and violence, sexist, or are in breach of any intellectual property rights, or contain any viruses.

2.11 You must notify the COMPANY immediately of any breach of these terms and conditions, breach of security, a virus or unauthorised use of your mobile phone, tablet or PC.

2.12 The COMPANY reserves the right in its sole discretion without notice to you, to suspend or terminate this website in whole or in part and to change the software and/or hardware required to gain access to this website.

2.13 The COMPANY recognises the importance of protecting your privacy and will not disclose any information of yours to advertisers or marketers unless specifically requested by you.

2.14 In the event that the COMPANY is acquired by or merged with a third party entity, we reserve the right to transfer or assign any information we have collected from our users as part of such merger, acquisition, sale or other change or control.

3. TERMS AND CONDITIONS: GOODS ORDERED

3.1 Goods ordered will be paid for in full prior to delivery. Payment is made by way of EFT with 100% of the purchase price being payable in South Africa Rands.

3.2 We utilize the services of an independent delivery service company to deliver the goods (“the DELIVERY SERVICE”). Delivery charges are applicable, alternatively additional charges will apply as further set out on our website.

3.3 The COMPANY will take photographs of the goods when completed and on request.

3.4 Please ensure that all furniture at your premises is removed so as to accommodate the delivery of the goods. The DELIVERY SERVICE is not there to rearrange your furniture. The DELIVERY SERVICE is also not entitled to remove any unwanted furniture. At all times ensure your own security at your premises including, but not limited to, removing items of value as well as glassware, vases, paintings and other breakable items when the goods are delivered. The COMPANY will not be responsible for any items damaged or destroyed, missing or stolen on delivery.

3.5 Please advise us of elevator or stairway requirements for flats or apartments and whether the apartment building does have a lift or stairwell large enough to accommodate the goods. The DELIVERY SERVICE is not equipped to hoist furniture etc and any damage related thereto including damage occasioned by small passages and elevators will be at the customer’s risk and his/her account.

3.6 Lead times for delivery are 2 – 3 weeks, however there may be circumstances beyond the COMPANY’s control including but not limited to; war, riot, strike, labor unrest, famine, loss of fabric or frames through closure or late delivery of suppliers, acts of God et cetera upon which you will be notified of suitable arrangements.

3.7 All risk to the goods in transit and any damage therein will be from the moment the goods are collected from the COMPANY’S warehouse by the DELIVERY SERVICE. To this end the DELIVERY SERVICE has adequate insurance to cover any damages in transit to your premises. All risk to the goods will pass to the DELIVERY SERVICE and then on to you at your premises once unloaded.

3.8 Items displayed on this website may be out of stock and we cannot guarantee their availability.

3.9 All slip covers or any other covering for sofas and chairs are not included and must be ordered separately.

3.10 We do not have a return policy on 7 (seven) days and remember that a change of heart is not a legal reason to return an item.

3.11 For health reason certain products may not be returned including but not limited to bedding, duvets, sheets and pillow covers.

3.12 We do pride ourselves in adhering to the Consumer Protection Act 2008 (“the CPA”) and you are entitled to return the goods in the event of the following:

3.12.1 Goods which have not been seen before purchase – on delivery you have 48 hours in which to examine and inspect the goods received and to notify us in writing that on the initial inspection you found that:

3.12.1.1 the goods do not meet the “type” or “quality” one could reasonably expect from the agreement or if the goods were made in terms of special or custom order and do not reasonably comply to the specifications of the order, or the goods are damaged. In such event, you can refuse delivery and receive a full refund and we will collect the goods at our own cost.

3.12.1.2 please note however that we do take photographs of the goods leaving the COMPANY’S warehouse and you must take photographic evidence should you need to lodge any grievance with us.

3.12.1.3 the COMPANY will check the photographic evidence submitted by you and thereafter the COMPANY will send out a representative, who acting reasonably, will inspect the goods to see whether there are any inherent defects or damage to the goods or the goods are not of the type of quality as could reasonably be expected.

3.12.1.4 please remember that we adhere to what is set out in your order, however there may be slight colour variance due to the nature of the fabric ordered or the stoppage of supply. We will use our best endeavours to notify you of same but will not be responsible if there is a slight change in colour which does not materially affect the aesthetics of the goods ordered.

3.12.1.5 if you do not notify us within 48 hours, you will be deemed satisfied with the goods.

3.12.1.6 all prices of goods are valid for 30 days

3.12.2 Goods being bought are to fulfill a particular purpose – the goods should in all circumstances fulfill their purpose being furniture, chairs et cetera, however in the event after receiving the goods they do not fulfill their purpose, you must contact us in writing within 10 days after delivery. Photographic evidence must also be supplied. Thereafter, the COMPANY will send a representative out and acting reasonably will assess if the goods fulfill their purpose and if not, the Company will collect the goods at its own cost and refund or replace same at your discretion.

3.13 Please do not alter or disassemble any of the goods as the COMPANY will not collect goods or refund.

4. IMPLIED WARRANTY

4.1 All goods are sold in terms of the CPA have an implied warranty of quality. Please note that our Warranty goes further than the CPA (6 months) and we offer a 5 year Warranty on frames for sofas, chairs and any other goods (with frames) fair wear and tear from date of delivery.

4.2 In addition we have a warranty on fabric and cushion inners of 1 year from date of delivery.

4.3 Please note that scotch guarding is an extra cost and does not come standard. All fabrics and cushion inners will naturally wear and tear over time and the aforesaid is not a manufactures defect and will not be covered under the Warranty. With leather, the Company does not alter any of the natural features, which can include scars, scar tissue, grain variation et cetera. In respect of timber products, wood may have natural markings, cracks and colour variations. These are the characteristics of natural products and not defects or signs of damage and are also not covered by the Warranty.

4.4 Please note that we cannot honour the Warranty if you or the user of the goods have been negligent or intentionally destroyed the goods. For example, we will not honour a Warranty if a person has negligently or intentionally broken a frame, has not reasonably used the goods, i.e. jumping on the goods, unreasonable weight load, using detergents not applicable, fire, ink, pets et cetera. In most cases, common sense must prevail when using the goods and the Company’s representative will assess (acting reasonably) whether there is fair wear and tear, destruction et cetera.

4.5 Please read any manufacturer’s warnings on the product and on this website. If you are uncertain as to any products to be used to clean the goods or any weight bearing capabilities, please contact us immediately.

4.6 You are not permitted to copy, reverse engineer or manufacturer the same or similar goods.

5. LIABILITY

5.1 You use this website and goods entirely at your own risk.

5.2 You will indemnify and if necessary defend the COMPANY from any claim by you, or any third party for any cause whatsoever including but not limited to any claim in respect of the use of the website and the goods.

5.3 You specifically acknowledge that the COMPANY shall not be liable for viruses (whether introduced by us or a third party) or by third party websites with content which may be defamatory, offensive, or illegal and that the risk of harm or damage from the foregoing rests entirely with you.

5.4 Accordingly the COMPANY shall not be liable under any circumstances for any direct, indirect, special or consequential loss or damage (whether for profit or loss or otherwise), costs, claims, expenses, royalties, usage rights et cetera related to the use of the website or goods, whether caused by the acts, omissions or the negligence of the COMPANY, its employees, agents or service providers.

5.5 The COMPANY does not accept any liability for any loss of materials or theft or misappropriation occasioned on delivery of the goods or by use of this website.

5.6 The Company will not be liable for any costs of data when down loading the website or using the website and these costs will all be for your account.

6. GENERAL

6.1 The COMPANY reserves the right to claim outstanding monies owed (if any) and/or damages it has suffered and will be entitled to legal costs on an attorney client scale, counsel on brief, collection commission and interest at the rate of prime (as determined by Nedbank Limited) plus 2% per annum on the recovery of any amount outstanding until date of final payment.

6.2 These terms and conditions contain all the express provisions agreed to by you with regard to the subject matter and supersedes and novates in its entirety any previous understandings or agreements between us in respect thereof, and you waive the right to rely on any alleged provision not expressly contained herein.

6.3 No variation, modification, addition, cancellation or suspension of these terms and conditions by you or any change of the COMPANY’S subsequent electronic amendments shall be of any force, or effect, unless agreed to by the COMPANY in writing.

6.4 Each clause of these terms and conditions shall be severable from the other clauses and if any clauses are found to be void, invalid or unenforceable for any reason by any competent court they shall be severed from such terms and conditions, the remaining clauses shall be and remain in full force and effect.

6.5 No indulgence granted by a party shall constitute a waiver of any of that party’s rights under these terms and conditions; accordingly, that party shall not be precluded as a consequence of having granted such indulgence from exercising any rights against the other which may have arisen in the past or which may arise in the future.

6.6 These terms and conditions shall not be construed so as to create a relationship or partnership or agency between the parties and neither party shall have the authority to assume or incur any obligations or responsibility for, or on behalf of, or in the name of the other party.

6.7 These terms and conditions shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.

6.8 The expiration or termination of these terms and conditions shall not affect such of the clauses which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.

6.9 The rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract, shall not apply.

6.10 If there is any conflict with these terms and conditions and any terms, conditions and definitions anywhere else contained the terms and conditions herein contained will prevail.