Terms and Conditions

T’S & C’S

TERMS AND CONDITIONS

TIMBERER (PTY) LTD – TERMS & CONDITIONS

Last updated: 11 March 2021

 

1.                  INTRODUCTION

Welcome to Timberer (Pty) Ltd. (“Timberer”).  Our website is a true reflection of our main business which includes but are not limited to the design, manufacturing, supply and provision of stylish furniture, solid wood, steel & veneer products, a combination of it and various decorative items.  As a truly South African Company, homegrown and local, our product ranges are unique and of high quality. 

When we provide you with our written Quotation (whether by e-mail or printed), you will also receive a copy of our Terms & Conditions (“Terms”).  If it involves or includes manufacturing, a clear description of the Product or Products you order will be included.  It may include a graphic representation, design or image as a guideline that represents what you order and what we agree to manufacture, provide, or will deliver.  Delivery or collection terms, turn-around times and other logistics may form part of Quotation or be provided to you in written format.   All these documents, designs, and communications shall form part as a collective of what we agree on. (‘’this Agreement” or “Order”).  An Invoice shall be issued to you (by mail or hardcopy) and once it reaches this stage, both you and Timberer agree and understand that the Order, read with this Terms shall be regarded as the full reflection of what we have mutually agreed upon (“this Agreement”). 

Whether you visit our showroom, our website or do an on-line purchase, this Terms shall apply to all orders you place with us, regardless of the where you place your Order.   When you submit an Order, accept a Quotation, pay us on receipt of an Invoice, or accept delivery of products, it constitutes an unqualified acceptance of our Terms.   For clarity, a Quotation constitute or becomes an Order the moment it has been accepted in writing, by text, by e-mail or any other electronic means.

Please take the time to check our Terms and make sure you understand everything in this Terms.  If anything in this Terms is unclear, please contact us to clarify it for you by sending an e-mail to info@timberer.co.za. If we do not hear from you, we accept that you have read it and understand all our Terms clearly.   

We also publish our Privacy Policy, and all other informational documents on our Website. For all purposes related to our Products, we deem the content of these collection of documents to be incorporated into our service offering to you.   Please familiarize yourself with these documents.  Should anything not be clear, contact us on info@timberer.co.za..

When you place an order, send e-mails, text messages, or any other electronic communication to us, and when we communicate with you electronically, both of us agree, consent, and accept that all electronic communication exchanged, satisfies any legal requirement that such communication needs to be in writing.  You agree and acknowledge that by clicking on a button labeled “Submit”, “Continue”, “Register” and “I agree” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract.

We reserve the right to make changes to our Terms & Conditions of Service at any time and for any reason.  Any changes or modifications will be effective immediately upon posting of the updated Terms.  The version number and date as contained in the bottom right-hand corner shall be applicable to your order for purposes of interpretation.

This Agreement represents the whole Agreement.  No changes, variation or cancellation shall be valid unless we have agreed to it in writing.  

 

2.                  DEFINITIONS & MEANING OF TERMINOLOGY USED

 

The terminology and definitions underneath will have the same meaning everywhere else where it appears. Any words written in inverted commas, means it is a definition of a term. 

 

 

 

2.1            General Legal and Business stuff

 

2.1.1            “You”, “Your” or “Our Client” means:

 

–   You as a person or individual, or more than one individual (“a partnership” jointly and severally liable for costs) who utilises our services in your personal capacity or

–   A legal juristic person meaning a registered Company (or Close Corporation if applicable) registered in accordance with the Company Laws of the Republic of South Africa.  The person placing the Order acknowledges and confirms that they have the legal authority to act on behalf of the Company or Close Corporation.

 

You, once you have accepted your Quotation, agree, and confirm that the details as provided by you to us for purposes of issuing you with a formal Quotation and subsequently an Invoice (the Order), are correct.   In the case of a Company or Close Corporation you warrant that the business name as provided, Company or CC registration No, registered address and VAT No (if relevant) are correct.  You confirm that the physical address as well as the e-mail address as provided and used during our communication, will be your chosen addresses for the receipt of any formal or legal notices or documents.  Should this address change during our execution of your Order, you will notify us in writing immediately by e-mail.   

2.1.2            “Timberer” means Timberer (Pty) Ltd, (Company Registration No 2018/603937/07), a limited liability company incorporated in terms of the laws of the Republic of South Africa with registered address at 11 Mytlewood Street, The Wilds Estate, Pretoriuspark, Gauteng, 0081.  Our postal address is PO Box 12189, Vorna Valley, Midrand, Gauteng, 1696.  Our registered address is also the physical address for receipt of any formal or legal notices or documents with the provision that a copy of any such communication must simultaneously be transmitted to info@timberer.co.za.

Our website is registered as https://www.timberer.co.za.  Any communication or complaints may be directed to info@timberer.co.za. Our website is a true reflection of our main business which includes, but are not limited to the design, manufacturing and provision of stylish furniture, solid wood products and other decorative items.  We provide our services directly to the public and in our on-line shop as per our Terms and Conditions.  We confirm that we comply with the requirements of an electronic transactional entity as per the Electronic Communications and Transactions Act 25 of 2002.

2.1.3            “ECTA” means the Electronic Communications and Transactions Act 25 of 2002 as amended and in as far as it might apply to any on-line shop or services for these purposes, the Terms contained in this Agreement is binding and enforceable against all Parties.  For purposes of disclosure in accordance with Section 43, we confirm that all the details as listed in 2.1.2 above to be true and correct. 

 

2.1.4            “CPA” means the Consumer Protection Act, No 68 of 2008.  Our Terms apply to all clients who are consumers for purposes of the Act.  If you are unclear or do not understand our Terms, it is your responsibility to ask for clarification on any of our terms before accepting our Quotation and placing your Order.

2.1.5            “Privacy Policy” means Timberer’s privacy policy as published and updated on our website at https://www.timberer.co.za which outlines how we collect, handle and deal with your personal or company information and handling of data.  If you are unclear about any of its terms, it is your responsibility to ask for clarification.  We respect your confidentiality and privacy and will handle and protect your information to the best of our ability.

2.1.6            “VAT” shall mean value added tax payable as required in terms of the Value Added Tax Act, number 89 of 1991, as amended.  As such, Timberer is not registered for VAT and all transactions shall be handled and deemed to be VAT inclusive for purposes of this Agreement where any cost or price is referenced unless it specifically states that it is quoted excluding VAT.

2.1.7         Calculation of Days:  Any reference to number of days shall be business days excluding the first day and including the last day.  A business day means any day excluding Saturdays, Sundays, and public holidays.  

2.1.8          “Governing law” means the law that shall be applied in terms of the validity, interpretation, respective rights and obligations of all parties and any other legal matters related to this Agreement which shall be determined in accordance with the laws of the Republic of South Africa.

2.1.9           The Terms & Conditions version provided or transmitted to you when placing your order shall govern and apply to our relationship.  For clarity purposes, the version number as indicated in the right-hand bottom corner shall be the applicable reference should there be any dispute. No change, variation, deletion, or amendment of any terms shall be valid unless Timberer agreed to it in writing.

2.1.10       “Force Majeure or vis major events” means a superior force or event or circumstance beyond the control of the parties.  Due to such an event contractual performance is made impossible and beyond the reasonable control of either party.  This includes but is not limited to any strikes, riots, fires, storms, epidemics, pandemics, quarantines, blockades, war, act of terrorism, natural disasters, failure, or diminishment of power. 

2.1.11       “Branding” or “Branded content” means all or any uniquely identifying trademarks associated with our specific business and includes our trade name, service marks, slogans, designs, labels, logos, website, social media pages and branded images on which our brand name appears, packaging and any other source-identifying symbols and intellectual property rights, owned by us. 

 

2.1.12      “Intellectual Property Rights” means all trade secrets, copyrights, designs, trademarks, mask work rights, patents, moral rights, and other intellectual property rights which belong to us in respect of our Products.

 

2.2               Financial stuff

 

2.2.1        “Quotation” or “Quote” means our estimated total costs of supply, manufacturing, and labour (where applicable) and excludes costs such as delivery & installation unless specifically quoted as being included in the total price.  All quotes are valid for 30 days from date of issue.  Should the costs of timber or fabric or any other material increase substantially we reserve the right to increase our price and to provide you with an adjusted Quote.

 

2.2.2            “Tax Invoice” means the total costs or price as accepted on final Quotation and will include the Products as ordered and any additional service charges such as delivery or installation. 

 

2.2.3        “Order” or “this Agreement” means it comprises all documents, designs, electronic communication of whatsoever nature as well as the accepted written Quotation.  The Delivery Note and any other related informational documents such as a guideline on how to take care of your Product must be read as forming part of your Order. 

 

2.2.4        “Additional Order” mean any additional product/s or services required that falls outside of the agreed Quotation.    Any additional order shall be on a by Quote-basis, with a separate Invoiced.  If any MCD is payable in respect of the additional Order, payment required will be the same as provided for in 2.2.5 and on the same Terms as originally agreed on.

 

2.2.5         “Manufacturing Costs Deposit” or “MCD” means the minimum payment payable by you on receipt of Invoice specifically related to any Manufactured Products made to order and personalized.   Products are manufactured by Timberer exclusively for you.   The MCD is stipulated in the Quotation and is normally calculated at minimum as 70% of the total nett price payable (including VAT and other special charges such as delivery and installation if applicable).  It is a non-refundable payment. 

 

2.2.6         “Remaining balance of total cost” refers to the balance payable by you to Timberer before the Products on Order is released, delivered and/or installed.  It is calculated as the Total Cost on Invoice less the MCD and only applies to Manufactured Products.

 

2.3               Product related

 

2.3.1      “Product” or “goods” means the actual Product, more than one Products, set of Products, furniture or decor items that are bought or ordered by you and provided or manufactured by Timberer.  

 

2.3.2           “Manufacturing” means the process whereby Timberer uses raw materials such as timber, veneer, steel, or a combination of all of it or any other materials to design, produce and provide personalised, custom Products manually and/or by use of machinery.  

 

2.3.3           “Manufactured Products” specifically mean Products designed and produced by Timberer during our specialized manufacturing processes. 

 

2.3.4           “Wood” or “Timber” means any piece or pieces of solid wood that is used during the manufacturing of furniture or other products by Timberer.  Wood is a natural product that may vary in colour, knots, different grains, natural marks, discolouration, specific hairline cracks (no wider than 2 mm), or other marks that are purposely included in a Product or piece of furniture to add unique futures to a manufactured product.  In instances where there is a wider crack or all the way through, it will be deemed to form part of the design and Order and you agree that you will have no claim against us in this regard.   After delivery of a Product where wood was used, the wood may expand or contract due to humidity or changes in temperature, develop surface cracks, and with natural discolouration of the woodgrain. 

 

2.3.5          “Finishing” in respect of a manufactured product of piece of furniture, refers to a process followed by Timberer to protect and/or enhance the wood, steel, veneer, or whatever other materials have been used during manufacturing.   The specific finish may include water-based or oil-based sealer when working with wood. Powder coating or painting or any other special finishing related to steel might also form part of the finished product.   Care Instructions on how to take care of your Products shall be provided to you or be available at request.

 

2.3.6         “Intended use” means the purpose for which a Product or Furniture has been designed and delivered such as a table, a couch, or a decor item.   Abuse or disuse of a piece of furniture or decor includes but are not limited. to issues such as dancing on tables, not correctly taking care of manufactured Products as per instructions, sitting on arm rests or back of couches, etc. 

 

2.3.7        “Signature furniture” mean furniture designed, manufactured, and sold exclusively by Timberer, with a specific structure, look, feel and quality and forms part of Timberer’s intellectual property. 

 

2.1.8        “Colour” or “Colours” means the colour of fabric, glass, or any other decorative item on our website or in other marketing material.  We do our best to accurately display the actual colour on our website.  It might not appear the same on your computer or mobile device compared to the actual colour.  We cannot guarantee that your monitor’s display will be accurate.  If not clear, please check with us.   Once it has been ordered, it cannot be changed without a cost implication.

 

2.1.9       “Delivery Note” means the formal acknowledgement of receipt of a manufactured Product or any other Product delivery by our Timberer Delivery Service.   When a loose standing Product is received by you, it is your obligation to open the package, remove the protective wrapping and check the condition of the Product/s as this record will be used to determine any requests for replacements, repairs or returns.  Please refer to our Cancellation, Returns & Repairs Clause underneath.

 

3.                  YOUR ORDER, PROCESSING OF PAYMENTS AND PRODUCT AVAILABILITY

3.1             If you order a Product or Products on-line, once you have placed your Order, the price reflected on our Website shall be the price payable, inclusive of VAT.  Prior to proceeding to the final check-out point and authorising the list of Products purchased, by authorising the payment, you accept and consent that the Product/s as ordered shall be delivered to you.  

 

3.2               Unless specifically stated, the price of our Products excludes costs of delivery.  

3.3               By placing your order with us, you warrant and represent that you:

3.3.1                          understand the nature and effect of our Terms and agree to it.

3.3.2                          are authorised and legally permitted to purchase the Products as ordered.

3.4             All Orders for manufactured products, shall only be manufactured once the Order has been formally placed by your acceptance of our Quotation.  Once the final total costs have been agreed on, we will issue a formal Invoice to you.   No manufacturing shall commence until we have received the Manufacturing Cost Deposit (if relevant) or full payment up-front depending on the nature of the Product as ordered.   No Order shall be delivered or installed unless it has been paid for in full. 

3.5          Ownership of any Product manufactured, loose standing or fixed, shall remain with Timberer regardless of whether an installation has commenced.  We reserve the right to remove such a Product if the final total costs have not been paid in full.   Ownership will only be passed to you once the final payment has been received.

3.6            When you place an order on-line and need to make a payment, personal, confidential & financial information are collected.  Information collected is data related to your payment method (e.g., valid credit card number, card brand, expiration date) and all such details that is necessary to process your payment. We store only limited financial information. All financial information is stored by our trusted payment processor platforms whose details and privacy policies are readily available online.  Should you be unclear or unsure how your financial data is handled, address any concern you may have to us by e-mail to info@timberer.co.za.

3.7             All on-line orders must be placed and paid for electronically via our website by following the on-screen prompts.  Prices for products shall be as advertised on our Website.  No Products shall be shipped unless payment in full has been received.  Payments by electronic funds transfer (“eft”) shall also be available with the provision that proof of payment shall be e-mailed to us on info@timberer.co.za.  No Order shall be released until the payment has cleared in our bank account no matter the method of payment. 

3.8             We will to the best of our ability ensure that the Product, Product Set, and quantities as advertised on our Website are available. We do not however make any warranties in this regard and accept no liability in the case that any of the Products are not available at the time of checkout.  If any specific product as advertised is not available, we will contact you and replace such Product with a Product of equal value of your choice or alternatively refund you in accordance with our cancellation provision as detailed underneath.  This excludes all manufactured Products which are handled on a Quotation & Order-basis.

3.9              Should there be any delay of any nature, we will immediately communicate with you and advise how soon we would be able to rectify the situation. Should any problems arise, please contact us immediately on info@timberer.co.za  to report any malfunctions or issues encountered.

3.10           Even though we make sure our platform is always fully operative, we cannot guarantee that no technical glitches may occur.  If there was any technical difficulty, any force major events or circumstances beyond our control, the time within which we will endeavour to carry out your order shall be moved forward until such time as we are able to proceed with carrying out of your Order. At our elective, depending on the circumstances, we may elect to cancel the Order and refund you provided the shipping process has not already commenced.  If unclear, please refer to our cancellation policy underneath.

4.                  DELIVERY OF ORDERS, INSTALLATION (IF APPLICABLE) AND TURNAROUND TIME

4.1             Delivery of all Orders

4.1.1         Unless specifically stated, delivery costs shall be added to your order. If it is an on-line order, the delivery costs shall be added before checking out the Product/s as purchased. In the case of a personalised or manufacturing Order, costs of delivery and any other special charges involved, shall be added to your Quotation, and included in your Invoice unless specifically quoted as inclusive.

4.1.2         Deliveries will be made to the physical address that you provide when you place your Order and it shall the same address as reflected on your Invoice, in the case that it is not an on-line purchase.  It is your sole responsibility to make sure that the physical delivery address is correct and to provide correct contact details.   

4.1.3       Should the details as provided be inaccurate, we will charge an additional delivery fee to carry out the delivery order. Please make sure that someone with legal capacity is available to receive the goods, check that there are no visible damages that occurred resulting from the transport of the goods, and to sign for receipt of the Order on the Delivery Note as given to the person accepting the delivery.   

4.1.4          You understand and agree that the person signing the Delivery Note acts with your full power of authority to open the package, remove the wrapping & sign the receipt.   No claims of unreported damages will be valid subject to the terms as detailed underneath under the Returns, Cancellation and Repairs clause.

4.1.5          Failure to sign the Delivery Note shall mean that you confirm and accept that no damages to the Product/s were found when the delivery was done, and the Order completed.    Should you, or your designated person who accepts delivery fail to open the package despite our driver’s request to do so and not complete and sign the Delivery Note, it will also be accepted that the Product/s were in a good condition without any visible damages. 

4.1.6            Any charges for special equipment required for handling, loading, off-loading, and moving of goods shall be for your account payable up-front prior to delivery.

4.1.7         Any toll road levies, or access charges levied for access to private properties will be for your account.  Should such levies apply, please make sure to bring it to our attention at the time the Order is placed so that we may plan around it and include it in the cost estimate.

4.1.8          If you stay in a security complex or estate, or delivery is at an office block where special access rules will apply, it is your responsibility to make sure your details are correct, and you are available to receive the goods.   

4.1.9          Unfortunately, if you have arranged for an Order to be delivered on a specific date and at a specific time, especially applicable to manufactured furniture or other sizable items, we must deliver it at the arranged time.  Should there be any problem on your side it is your responsibility to contact us immediately as our delivery services have a set schedule for deliveries.  If we arrive at your address elected for delivery and you are not there, we are only able to allow for a 15-minute waiting time after which we will have to attend to our next delivery.   It will mean that a new delivery time & date must be arranged at your costs. 

4.1.10       If we have advertised that free delivery applies as part of our service or as a promotion, should you not be there to take delivery of an Order or the address as provided are wrong, a newly scheduled delivery shall only be arranged and carried out at your cost with payment of such costs to be done in advance. 

4.1.11     Even though we do our best to ensure your on-line Products ordered reach you timeously, we cannot guarantee that some parcels may not be delayed or get lost due to inaccurate information of for reasons beyond our control.  Should a parcel be lost or delayed we will use all reasonable effort to assist in resolving such issues immediately, as it is imported for us to make sure you receive your Order on time.

4.1.12       We are not in the business of moving.  None of our delivery staff can move existing furniture or any other items to any other location, or within your premises or upstairs or downstairs as it does not form part of our service.  Please make sure that you have cleared the space, removed, or moved all existing furniture and/or other items that might be in the way or get damaged. If the space is cleared, where we need to set down the manufactured Product (e.g., solid wood table & chairs) it will enable us to do it without delay and risk of damaging the Product/s or surrounding area.   All entrances and doors must be clear and accessible to make sure nothing is damaged during delivery of your Order.

4.1.13       Our delivery crew is responsible for delivery of the goods at your specified premises and not for the final placement inside your dwelling.  Any further placement inside your premises is at your risk and cost should any damages of any nature occur unless they act grossly negligent.   

4.1.14        We accept no liability for any other breakages or any other items that were not moved or removed prior to final placement taking place.  In no event shall we be liable for any direct, indirect, punitive, incidental damages to property and life whatsoever connected to use or misuse of our Products.

4.1.15        Should you be unable to receive delivery of any Order on the delivery date as arranged with you during the planning phase of manufacturing, the Product or Products shall be stored at your risk for a maximum period of up to 30 calendar days.  10% of the value of the total Order shall be charged and payable for storage costs and no goods shall be released until the full balance has been paid.   A further 10% storage fee shall be charged for a maximum period of 60 days.  If the Order has not been paid in full and delivered within the 90-day period, you agree and consent that the Product or Products as ordered by be advertised and sold to cover the storage costs and final balance that may be owed to us.   You indemnify us in this regard from any further liability and consent that no claim for damages or refunds of any nature shall be applicable under these circumstances.

4.2               Installation & turnaround times

4.2.1        Installation of manufactured Products shall only be done if we have quoted for an installation as part of the total cost.  Any wooden item such as a cupboard or frame will be fitted to the best of our ability, subject to aftercare instructions strictly adhered to.  Any wooden Products installed in a moist area such as a bathroom may not be flooded with water, no hot objects placed directly on the wood or any other actions taken that may damage the wooden surface.  

4.2.2        Any modification to a wooden counter or floating shelves or Products of a similar nature, voids our liability for any damages of any nature once we have delivered the Product/s.   If you are taking care of the installation and the Product/s get damaged, including excessive cracking or warping if made of Wood or Veneer, it is at your own cost and risk.  We accept no liability for repairs or replacement. 

4.2.3       For Products manufactured on Order for export-purposes, our terms, unless otherwise agreed, are exclusive of any inspection fees, taxes or any other costs that might be applicable. 

4.2.4         We mainly provide Products or manufactured Products that are already assembled. We accept no responsibility or liability for installation or damages that occur when you install Products unless we have specifically quoted for the installation. 

4.2.5        Products such as floating shelves, countertops, high level plasma and pedestal shelving units that will require being fixed or mounted on the wall, including wall fixing stabilization is at your own risk and costs.  You indemnify us in this regard.  Any products damaged during your own installation of the Product or Products will be for your own account and if you wish to request us to repair or replace it, will be at your own cost.

4.2.7           Turn-around times for on-line orders shall be applicable as shown on the shop page.  Alternatively, we will contact you to confirm delivery time & date. If we send it by Courier, time lines will be communicated to you.

4.2.6        When we provide you with a manufacturing Quotation, we will also provide you with estimated turn-around time from placing your Order to delivery date.   We will do our utmost not to exceed the estimated time as quoted but if an unforeseen delay occurs (e.g., late delivery of raw material) we will notify you immediately and provide you with a new delivery date.  It is important for us to provide quality service, but we cannot guarantee the date as it might be affected by external factors.

4.2.7           For manufacturing orders, dimensional drawings will be sent to you on manufacturing cost deposit receipt payment confirmation.  These drawings will be provided and need to be accepted as correct before manufacturing will commence.  Should you have requested changes, new drawings shall be provided and need acceptance in writing by e-mail before manufacturing shall commence. A formal confirmation must be sent by you to us to make sure we are on the same page. 

4.2.8            If we cannot agree to final design or in our expert opinion the enhancement or change may cause structural instability or be unsafe, we reserve the right to choose if we wish to proceed with your Order.  Our normal cancellation terms as detailed underneath will then apply. 

4.17         Should any design change result in a change in the quantities and provision of raw material, we reserve the right to make a price adjustment to the total cost.  You will be Invoiced for the difference in price to the original price as quoted.  If we cannot agree to final design or in our expert opinion the enhancement or change may cause structural instability or be unsafe, we reserve the right to choose if we wish to proceed with your Order.  Our normal cancellation terms as detailed underneath will then apply. 

4.18            No delivery of Products will be done unless final balance owing on Invoice has been paid in full. 

 

5.                  PRODUCT QUALITY & MAINTENANCE

5.1             WOOD is a natural raw material and is used in its natural form. The wood or timber used, will include variances in colour, knots, cracks.   It may also be used with steel or other raw materials depending on the design. Some cracked pieces might form an inherit part of a design and as such is not defective.   Colour changes, expansion and shrinking are a normal part of wood.  Our designs include a provision to cater for it as far as humanly possible.  No exchanges or returns shall be considered on this basis as it is not a defect in the Wood, but part of the living raw material.  You accept and agree that you fully understand the nature of your Product, by placing your Order and accepting a final design.

5.2             VENEER is layers of thin slices of wood made by rotary cutting or slicing of wood, glued together.  It is less costly but not as durable as solid wood and is either used on its own or in conjunction with Wood or Steel. Compared to wood, one of the primary advantages of using veneer is stability.  Taking care of it is extremely imported.   Characteristics of veneer shall be explained, and a guideline provided on how to clean and take care of it to prevent damages.  If damages are caused due to abuse or not taking care of the Product or using it for its intended purpose, no claims shall be entertained.

5.3           FABRIC is used when we manufacture our signature couches or other items where it forms part of the design.  We make use of high-quality fabric and will provide you with guidelines on cleaning of the fabric should you not be sure on how to clean it.

5.4               We only use qualify finishing materials to make sure your manufactured products are treated optimally to protect the whole Product by providing long lasting protection and to enhance the Products’ beauty.   It is done with great skill and care. 

5.5        You will be provided with a Care Guide on how to maintain the Product/s If at stage you are uncertain on how to clean & maintain the Product, please contact us on info@timberer.co.za and we will assist.

5.6              Any shop-soiled used Product or Products sold in our showroom or shop at a reduced cost is sold voetstoots (in the condition it is). 

6.                  DISCLAIMERS, & WARRANTIES, DISPUTES, GOVERNING LAW

6.1            Disclaimers & Warranties

6.1             We warrant that we respect your right to privacy.   Your information shall only be used in a lawful manner as per our Privacy Policy as it appears on our website.

6.2          Our manufactured Products are designed and manufactured for a specific intended use.  As such you agree that no claims shall be made by you against us if any Product was abused or not used as intended. This will include, but not be limited to:

–   Sitting on the back of a couch or using the armrests to sit on

–   Submerging of any Products under water

–   Standing, dancing or misusing tables, chairs, or any other pieces of furniture

–   Fluids of any nature (including the pet-kind) on fabric of couches or other furniture. 

–   Placing of beverages (hot or cold) on wood furniture and veneer without using a coaster to protect the wood & veneer.

–   Excessive sunlight e.g., where a Product was intended to stand inside a dwelling and is put outside.

–   Not taking care of a manufactured Product as per the guidelines provided

6.3          You indemnify us against any liability claims against us of any nature whatsoever for any injury, loss of life, loss or damage suffered during using any of our manufactured   Products, or other Products purchased.  We will only be liable if it was caused directly because of gross negligence on our side.  Unless gross negligence can be proven in a court of law. any claim lodged, shall not exceed the value of the total price of your order.

6.4            We provide a limited warranty of quality of our Products in the sense that it is safe, good quality and durable for a period of six months from date of delivery.  This warranty only applies to Manufactured Products. 

6.5            We cannot issue you with a guarantee on the fabric if fabric forms part of the Order, but only on the structural quality and workmanship overall for a period of 6 months, due to health & safety reasons.

6.6           You indemnify us against all liability for all damages to Products or Furniture if damages occur post-delivery and was not reported to us within the stated 48-hour period.   You accept usage of all Products at your own risk and undertake to only use it for the purposes it was intended.   We accept no liability of any nature whatsoever except if it was due to proven gross negligence on our side.

6.7             Any warranty as provided anywhere in this Terms, does not cover any claims caused by electrical faults or power surges of any nature, wear and tear, abuse, accidents or causes unrelated to our workmanship.  If any manufactured Product has been altered in any way whatsoever, you waive any right to claim poor workmanship or a refund or repairs.

7.                  CHANGE OF MIND, CANCELLATIONS, RETURNS & REPAIRS

7.1            Change of mind & Cancellations

7.1.1         You are given a period of 7 business days cooling-off or to change your mind.  If you purchased a Product in our on-line shop if your Order has not been processed yet.  In this case, we will refund you when we receive a written request to cancel your Order.   In this case, you will be fully refunded within 10 business days from receipt of your notice. -All refunds shall be done by EFT. 

7.1.2         If your on-line Order has been processed and delivered, you may cancel your Order within 7 business days from date of the Delivery Note in which case the following will apply:

–   In accordance with Section 44(2) of ECTA, you will be responsible for the direct costs of returning or delivering the goods.   If it needs to be collected by us or our Courier, the collection fee will be deducted from the total value of the Order as well as a 5% of total value of the Order as a handling fee.  

–   If it is only a partial return of some of the Product/s as ordered, the total value of the Product or Products returned shall be used for purposes of calculations.

–   The Product /s must not have been used and must remain in its original packaging if applicable.

–   The Product/s that are returned will be checked and assessed once we received it for any signs of damages or that it has been used.   If all is in order, the refunding process shall commence.

–   The delivery note that confirms you received it damage-free and in good order shall be used to verify condition of the returned Product/s.    If the Product/s are damaged, you will be notified accordingly, and no refund will be made as we cannot sell it to someone else.

–   if it is damages that we will be able to repair, costs of repair shall be deducted, together with the costs as detailed above from the value of the damaged Product/s prior to giving you a partial refund.  

–   The refund shall only be done after 10 business days from receipt if undamaged.  If damaged, such reasonable time as it will take us to repair a damaged item before the refund process shall commence. 

–   Due to hygiene reasons and personal safety, no returns of any Product or Products where fabric was used, shall be accepted.

7.1.3        No customized, manufactured Product or Products, including any upholstered Product, shall be returnable in accordance with the CPA, Sections 19 & 20.    If we have not yet commenced with Manufacturing, in our sole election, we will consider a cancellation.   Should we decide to accept the cancellation, we will only be able to refund you the remaining amount of total costs after we have deducted our MCD.  Once an Order has been placed, we immediate incur the costs of final design, raw material provision and associated labour costs. 

7.1.4          If a final design consensus cannot be reached after you have paid the MCD, it remains our elective to cancel the Order and to refund the MCD less a reasonable design fee based on the time spent on the project, calculated at the person’s prevailing hourly rate at the time the initial Order was placed. 

7.2             Returns & Repairs and damages

7.2.1          We are proud of the quality of our Products.  As such should there be any issues or problems related to structure or any other manufacturing issues, within a period of 6 months (excluding fair wear and tear and provided it has been use as intended as referred to above), please notify us immediately.   We will arrange for collection of the Product and repair or replace the Product free of charge in this case.  Once it has been repaired, we will carry the cost to re-deliver it to you once repairs are completed.   It remains our sole elective to either repair or replace, depending on the nature of the complaint.   Please communicate any problems or issues to us by e-mail to info@timberer.co.za.

7.2.2         The 6-month warranty as referred to in 7.2.1 shall immediately be null and void in the case that a Product or Products have not been used as intended, it has been modified in any manner, and it has been used or abused. 

7.2.3          For purchases related to our on-line shop or decorative items, we will also either repair or replace if relevant depending on the nature of the Product.  Should we not be able to replace a decorative Product with an exact replica, you will be given an amount in credit equal to the costs of the defective Product to spend in our on-line shop.  In the case of it being decorative non-structural items or items made of fabric, we cannot accept returns for health & safety reasons.

7.7.4        You have the right to refuse delivery of any Product or Products that are visibly damaged upon delivery of any on-line Product/s as ordered.  Should you notice any damages when taking delivery, please contact us immediately and provide a digital image of the damages by whatsapp, sms or sending us an e-mail.  In this case, our Driver will bring the Products back to us and the steps as detailed in 7.2.1 will apply.   For us to deal with the repairs or replacement efficiently, please note details clearly on the Delivery Note. 

7.7.5         If damages only become apparent after you have accepted delivery of Product/s purchased in our on-line store, you have 48 hours from time of receipt to report the damages to us, again with proper digital proof of damages being sent to us, and we will immediately attend to it.  Process of it shall follow the same steps as indicated in 7.2.1

7.7.6         If you failed to report the damages within 48 hours and have not reported it, it will be deemed to be post-delivery damages.  Any costs of repair that will be required, will be for your account.  We will provide you with a Quotation for costs of repair and once paid in advance, in full, we will proceed with required repairs. 

8.                  INTELLECTUAL PROPERTY OWNERSHIP & COPYRIGHT OF OUR DESIGNS

8.1        Except to the extent owned by our suppliers, we own all the Intellectual Property Rights subsisting on our Website, our Products, and our Branding.  Nothing on our website or anywhere else grants you any rights or entitlement to sell any of our Products to any third parties for commercial gain.

8.2          All rights, title, and interest into our ownership of our intellectual property is reserved.   It includes all rights conferred in terms of statute, common law, without limitation domain name, marks, logo’s, know how, user content on our website including reports, photographic images, graphics, designs, or any other material published on our website.   

8.3           You may not download, upload, copy, display, reproduce, post, or distribute any information or content from our website such as photographs, images, text, or data.  All our lists, prices and any content belong to us.  We reserve full copyright in respect of all the aforesaid.

9.                  GOVERNING LAW & BREACH

9.1         For all purposes in connection with this Terms and its associated Products, the laws of the Republic of South Africa shall apply.  To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

9.2            You agree and acknowledge that in the event of:

–   breaching any conditions contained in this document, or

–   should you, or in the case of a company any or all the directors, pass away or

–   your estate be placed under any order of provisional or final sequestration or

–   provisional or final winding up, or p

–   provisional or final judicial management, or

–   any similar provision affecting your legal standing,

then Timberer shall, without prejudice to any other remedies it may have in law, be entitled to summarily cancel this agreement with you without prejudice to our right to claim damages.

9.3               Furthermore, in the event of any breach of this Agreement related to non-payment of the final balance or any other costs, you consent to the payment of all legal costs on an attorney/client basis, including the payment of collection commission and tracing agent’s fees.