Sale of Goods: Terms and Conditions
 

These terms and conditions regulate the business relationship between the purchaser and Sweet Dreams Furniture. By using this website, you accept that you have read and understood these Terms and agree to be bound by them.

If you have any questions regarding our website, the Terms and Conditions or about products, please contact us as soon as possible

Sale of goods: Terms and Conditions
We are: Sweet Dreams Beds and Furniture 
You are: Our Customer/Purchaser

The Terms and Conditions
1. Definitions
In this agreement:
“Carrier” means any person or business contracted by us to carry goods from us to you, whether all or part of the distance.

“Goods” means any goods we offer for sale.

“Written Material” means any informational material published by us in any medium with a view to providing information to our customers or prospective customers.

 

2. Our contract with you
 

2.1 this contract is made when we have received confirmation of the order from the purchaser.
2.2 It is possible that the price may have increased from that posted in our written material or website. The new price may be charged at the discretion of Sweet Dream Furniture.

3. Price and Payment
 

3.1 The purchaser must pay us the full amount of your order before delivery can take place.
Only once goods have been received and signed for by the purchaser, will ownership transfer to the purchaser.

 

PRICES

 

We have made every effort to display as accurately as possible all products and prices as, however, products and prices displayed on this site may vary from time to time and are subject to availability.

 

COLOURS

 

We have done our best to display as accurately as possible the colours of the products shown on this website. However, the colours of our products shown on this website may look different on your computer compared with the colour of the actual product. This is because different computers display colours differently depending on the type of computer screen (LCD, plasma, desktop, laptop, etc.). We cannot guarantee that your monitor’s display of any colour will be accurate.

 

STOCK AVAILABILITY

 

Although all product items are displayed on the website, this is no guarantee that there is stock available in the stores. Please feel free to call your nearest store to check availability. Sweet Dreams will not be held liable for products displayed on the website that are out of stock in the stores.

 

ACCURACY OF WEBSITE CONTENT

 

All reasonable steps are taken to ensure that the information on our website is accurate and up-to-date. We do not, however, warrant that the content or information displayed is always accurate, complete and/or current.

Errors:  We shall take all reasonable efforts to accurately indicate prices and delivery charges.  However, should products be erroneously offered at incorrect prices and/or delivery charges, We will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by the purchaser should the purchaser not wish to proceed with the purchase at the correct price and/or delivery charge.

 

EXCLUSIONS

 

Any mattress, scatter cushions, linen and other accessories seen in the pictures are excluded from the price shown. Unless otherwise stipulated.

Delivery fees are excluded from the price shown

4. Information provided by the purchaser
The purchaser agrees to provide and will continue to provide accurate, up-to-date, and complete information as required by Sweet Dreams Furniture. This information will be used to provide the purchaser with the purchased goods.

 

5. Delivery

Delivery charges apply and delivery will only be completed once the delivery charge has been paid and received in full. The delivery company and its employees will not accept cash on delivery.

Due to circumstances beyond our control, there may be instances where the delivery time could be affected. The customer will be alerted to any changes. We will notify you if we are unable to meet our estimated delivery timeframe, but to the extent permitted by law, we shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. Delivery may take longer during peak periods (November to December).

We require that a delivery document be signed by the purchaser to indicate that each item has been received in good order. Sweet Dreams cannot be held liable for any damages or defects that aren’t marked clearly on the delivery note upon receipt of the goods

1. Deliveries will be made by the carrier to the address stipulated in the order. You must ensure that someone is present to accept delivery. If no one is present to accept delivery, we will leave your premises and you will be charged an additional delivery fee.
2. We will make every endeavour to deliver goods within 7 days when stock is available. Any delivery, taking longer than 21 days will be subject to a refund.
3. It is the purchaser’s responsibility to ensure that we have the correct contact details and delivery address, we cannot be held liable for delays due to incorrect information. A delivery fee will be charged for a “no-show” on your part or failed delivery due to incorrect information supplied to us by the purchaser. Any additional delivery attempt will be charged.

Deliveries will only be made where there is reasonable access. It is the purchaser’s responsibility to ensure that items can easily pass through doors, staircases, etc. And that the old furniture and any breakables are removed from the space where goods are to be delivered. No furniture will be hoisted up balconies or through windows. If the purchaser requests that these terms be ignored, Sweet Dreams will not be held liable for any damage to goods or property.

 

In the case of damaged / incorrect goods being delivered, Sweet Dreams will replace the items at no charge. The damages must be indicated on the proof of receipt/delivery and the company/carrier representative and the person receiving the item must both sign the proof of receipt/delivery to this effect

 

CANCELLATION, CHANGE OF MIND AND REFUNDS

 

The purchaser may cancel their order without penalty within 7 working days of the goods being collected by you or delivered to you. In this case, the following applies:

The Goods must not be used and must remain in the original packaging

• The goods being returned will be assessed and handling charges will be applied before the refund is processed. A handling/administration fee of 5% with a minimum of R70 (Seventy Rand) will be charged. This amount will be deducted from the refund/credit.

• For purchases made online, you will be liable in terms of section 44(2) of the Electronic Communications and Transactions Act 25 of 2002 (as amended from time to time) for the direct costs of returning the goods, such as courier and/or shipping charges. These costs will not be refunded to you

• Sweet Dream Furniture reserves the right at all times for a company-appointed or manufacturer representative to inspect the item before a refund, repair or replacement is considered.

• Please note that the purchaser’s right to cancel their order for goods without penalty set out in this clause, shall not apply where the goods were made to your specifications or are clearly personalised.

• According to the ECT Act, the consumer has a “cooling off period” of 7 days, which allows the consumer a general right to return or cancel the transaction without penalty, however, the online shopper would still be liable for the cost of returning the goods if they were dispatched/shipped within the 7 day period. The cost will be the delivery charge applicable to the purchaser’s area and any admin fees that may be applicable

 

 RETURNING PRODUCTS THAT ARE NOT DEFECTIVE:

 

If for any reason you wish to return your product/s, you (the purchaser) may do so within 7 days of the products being delivered to you, provided the product/s has not been used, are complete, in their original condition, and sealed in the original packaging.

In this case, the following Terms apply:

• For products that are not defective, handling charges will be applicable.handling/administration fee of 5% with a minimum of R70 (Seventy Rand) will be charged. This amount will be deducted from the refund/credit

• Mattresses cannot be returned if the mattress was opened and used without a mattress protector. The mattress can only be returned if it is clean due to hygienic reasons 

• In terms of section 44(2) of the Electronic Communications and Transactions Act 25 of 2002, for non-defective items you (the customer) are liable for the delivery and collection costs of these products

• If the original packaging has been discarded, it is your (the customer’s) responsibility to ensure that goods are reasonably packaged and protected before being returned. Damages that occur as a result of absent or insufficient packaging/protection will carry additional charges that the customer will be liable for.

• Quality control inspection can take up to 7 working days

• Processed refunds can take between 3 working days (Electronic Funds Transfer – EFT) and 7 working days (credit card) to reflect in your (the customer’s) bank account

 

 RETURNING PRODUCTS THAT ARE DEFECTIVE OR DAMAGED:

 

When a product is delivered damaged:

You have the right to refuse delivery of any product that is visibly damaged upon delivery. You must stipulate clearly that you have not received the goods with a brief description of the damage on the delivery note. The driver/delivery company will take the product/s back with them and return them to Sweet Dreams Furniture. Please contact Sweet Dreams Furniture immediately to report this.

Damage after delivery:

If damage to a product/s only becomes apparent after delivery, you have 48 hours to report the damage to Sweet Dream Furniture. In these instances, the return/replacement of the product is at the discretion of Sweet Dreams. The following applies:

• Sweet Dreams cannot be held liable for any damages visible at the time of acceptance of delivery that were not indicated on the proof of receipt/delivery by the customer

• If damage is reported after 48 hours, it is reasonable for Sweet Dreams to determine that  the damage was caused post-delivery

• Where defective items are replaced, Sweet Dreams is liable for the collection and delivery costs.

Goods Warranty
 

The warranty is stipulated on the invoice. All warranties and guarantees are carried out by the manufacturers.
1. Any goods deemed to be operating defectively, and not working under normal operating parameters and allowances within the warranty period will be repaired or replaced.

Furniture

All our products carry a 1-year warranty from the date of delivery/collection unless otherwise specified (see Mattresses section).

The following applies to all Warranty claims:

• The original sales invoice or other proof of purchase is required for all warranty claims

• Warranties cover factory faults or defects only. NO damages caused by wear and tear, negligence, abuse, accident or causes unrelated to defective materials or workmanship are covered

• Warranties cannot be claimed where the product has been altered in any way from its original state

• Warranties apply for domestic use only. Products used for commercial use are NOT covered unless specifically stated on the invoice

If within 1 year after delivery, you find that the product is defective/faulty, unsuitable for the purpose for which it was indicated in the product description (or otherwise generally intended), not legal or not reasonably durable (based on circumstances and product type), Sweet Dreams is entitled to repair or replace the defective/faulty part (if available) or repair or replace the whole product (if available). Sweet dreams not be able to repair or replace the product, you are entitled to a store credit or a refund.

For warranty claims, the following applies:

• Refund, repair or replacement will depend on various factors as detailed in our refund policy. These include the condition of the item and the duration of use

• Replacement products fall under the warranty period of the initial purchase date

• We will NOT refund or replace a product where in our reasonable opinion the product has, following the sale to you, become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturer’s instructions, used in an abnormal way or failure to take reasonable care of the product. 

• No refunds will be processed on goods older than 6 months. Only repair, replacement or store credit will apply

• Quality control inspection can take up to 7 working days

• Processed refunds can take between 3 working days (Electronic Funds Transfer – EFT) and 7 working days (credit card) to reflect in your (the customer’s) bank account

 

Mattresses

 

Mattresses carry a guarantee and warranty with the mattress manufacturer and not with Sweet Dreams.  An original invoice is required for all guarantee and warranty claims.

Should there be a manufacturer’s defect on your mattress within the guarantee period, the manufacturer will repair or replace your defective mattress at no charge.

The guarantee does not cover problems such as dislike of a product, misuse, mishandling, water damage or a failure to meet requirements outlined in the product’s guarantee.

 

Disclaimers

1. We may make improvements or changes to our written material or to any of the goods at any time and without advance notice.
2. You are advised that written material may include technical inaccuracies or typographical errors.

Indemnity
you agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of the goods, or the infringement by you, of any intellectual property or other right of any person.

 Contractual Limitation
Where we provide goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods or services.

 Severability
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

 

No Waiver
No Waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

 

Dispute Resolution
In the event of a dispute arising out of on in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing with arbitration or litigation.

 

Force Majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

 

Governing Law
This Agreement shall be governed by and construed in accordance with the law of South Africa. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

 

We accept the following methods of payment

1. EFT Transfer

   • Please transfer the amount including the delivery fee into our account and email us a copy of the proof of payment. Goods will be released once payment is cleared. (if delivery is needed, please ask for the delivery amount)

2. Cash Deposit

   • Please deposit the amount and delivery fee into our account and email us a copy of the proof of payment. Goods will be released once payment is cleared. (if delivery is needed, please ask for the delivery amount)

3. Credit Cards

   • We accept all major credit cards.

4. Cheque

   • UNDER NO CIRCUMSTANCES ARE CHEQUES OR CHEQUE DEPOSITS ACCEPTED-DUE TO FRAUD.

5. Cash

   • You may come in and pay for your item with cash.

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DISCLAIMERS AND EXCLUSIONS OF LIABILITY

 

Use of our website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the website will be uninterrupted or error-free, or that the website or the server that makes it available is free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our website or the purchase of any of our products or services. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our website and/or your purchase of any products or services. While we take all reasonable steps to safeguard the security of any information you input or send to us in connection with our service, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever for any damages that you may suffer as a result of the breach of confidentiality of such information.

 

PRIVACY POLICY

 

We respect your privacy and take privacy seriously.

The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.  Credit card details are not kept by the Provider under any circumstances.

The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

Information regarding the operating systems, browsers and IP origins of the users of this website is collected for statistical reporting purposes. No personal information regarding the users of this website is obtained aside from that which is freely given by the user. This information, namely email addresses and cellphone numbers will not be given or sold to any third parties and will be used solely for the purposes of sending a communication via them. You have the option to opt-out at any time by replying ‘STOP’ to the SMSes or e-mails that we send you.

 

USE OF THE WEBSITE

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• Your use of this site indicates your acceptance of these terms and your agreement to follow and be bound by them

• You may only use this website for lawful purposes and you warrant that you will not, other than for your personal and non-commercial use, store on your computer, or print copies of extracts from this website

• Use of the information in any manner which infringes any copyright or proprietary interests of Double Click is prohibited

• The User may not access, display, use, download, and/or otherwise copy or distribute the Content obtained on the website for marketing and other purposes without the consent of the Provider

• The unauthorised use, copying, reproduction, variation, modification or distribution of the content of this website, the uploading of any unlawful or damaging information or viral software, or the creation of any links to our website from any other site whatsoever, is strictly prohibited

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