General Terms
and Conditions
1. Introduction
Boss Tables, its associates and
affiliates is a company duly registered within the Republic of South Africa in
accordance with the Companies Act 71 of 2008 and adheres to the Consumer
Protection Act 68 of 2008 (the “CPA”), the Protection of Personal Information
Act 4 of 2013 (the “POPI”) and the Electronic Communications and Transactions
Act 25 of 2002 (the “ECTA”) including all amendments and regulations thereto. BOSS
TABLES provides an online web platform for the sale and supply of goods to
retail and wholesale customers.
2. Use of the Website and Online Platform
Your use, access and interaction with this website
or online platform is subject to and governed by the terms and
conditions set out below. Should you not
agree to any of the terms contained below, you are to immediately cease using
the website or online platform. Your continued usage constitutes acceptance of
all the terms and conditions set out below.
3. Definitions and Interpretation
In this Agreement, unless the context
otherwise requires, the following definitions shall apply:
“Agreement” means this agreement between BOSS TABLES and
the Consumer or Retailer subject to the terms and conditions set out below
“Business Day” means any day (other than Saturday or Sunday)
on which clearing banks are open for business in South Africa.
“Consumer” means a Consumer in terms of the Consumer
Protection Act 68 of 2008.
“The Consumer Protection
Act” means the Consumer Protection Act 68 of 2008 (the “CPA”)
“The Protection of Personal
Information Act of 2013” means the
Protection of Personal Information Act of 2013 (the “POPI”)
“Personal Data” means all
data supplied to BOSS TABLES by or on behalf of the Consumer or Retailer
pursuant to this Agreement which is defined as personal data under the POPI
Act.
“Privacy Policy” means
the Privacy Policy available on Boss Tables Website or Online Platform
which the Consumer or Retailer assents to.
“Shopping Cart” means any
and all goods selected by the Consumer or Retailer or User which once selected
form part of the User’s order. The shopping cart serves merely as an online
item placeholder for goods prior to the transaction being finalized. BOSS
TABLES reserves the right to remove, modify or otherwise change the items
available in the shopping cart at any time. Items in the shopping cart may be
available for a limited period of 48 HOURS only taking into consideration
demand and availability of stock. Items are sold on a “first come first serve”
basis and BOSS TABLES cannot guarantee the availability of items in the user’s
shopping cart.
“Checking Out/Check Out” means
any and all goods selected by the Consumer or Retailer which are then confirmed
and accepted by User in completion of the transaction.
“Contract” means
the completion of an order and commencement of a legally binding agreement
between BOSS TABLES and the Consumer or Retailer.
“Order” means a purchase completed or submitted by
means of BOSS TABLES Website or Online Platform.
“You/Your” means
the Consumer, Retailer or User of the BOSS TABLES Website or Online
Platform including both Consumers and Retailers.
“User” means any natural
person who makes use of, transacts on, contracts with, or makes use of the
BOSS TABLES Website or Online Platform including both Consumers and Retailers.
“Website or Online Platform” means the BOSS TABLES Website and
Online Platform, including its Official Social Media Accounts, Mobile Websites
and Mobile Applications.
Where the context permits, words
denoting:
(a) persons shall include bodies
corporate and unincorporated associations of persons;
(b) the singular include the plural
and vice versa; and
(c) one gender shall include any
gender.
All headings are for ease of use and
reference only and shall not affect the interpretation or construction of these
terms and conditions in any way.
4. Formation of a Legally Binding Contract
BOSS TABLES offers goods or services
by means of its Website and Online Platform, which may be purchased by
Consumers or Retailers via electronic or other transaction methods. Upon
registering on BOSS TABLES ’s Website or Online Platform, the Consumer or
Retailer may place an order for the purchase of goods, which shall constitute a
valid acceptance of the offer and thereby a legally binding Agreement of Sale.
The sale shall be completed and in effect once the Consumer or Retailer has
completed and submitted an electronic order via the Website or Online Platform
and completed “Check Out” of items available in the User’s “Shopping Cart” Upon
completion of the online sale, payment via one of the available transaction
options becomes immediately due, owing and payable including any applicable
taxes and delivery charges. The Consumer, Retailer or User of the Website or
Online Platform warrants, by use and continued use of BOSS TABLES services that
he/she is over the age of 18 and possesses the necessary consent and faculties
to transact with BOSS TABLES.
5. Accepted Payment Methods
BOSS TABLES reserves the right to
obtain validation of the User’s payment details before delivery of the Goods.
Once payment has been made for an order, the Order remains valid as an offer
until BOSS TABLES issues a Confirmation of Order or a notice revoking the Order
as the case may be. All goods shall remain the sole property of BOSS TABLES
until payment has been effected in full by the User. Once payment has been
effected a valid sale shall have been concluded encompassing an offer by BOSS
TABLES and acceptance by the User. BOSS TABLES offers the following methods of
payment in completion of your transaction:
Payment via Credit and Debit Cards
BOSS TABLES accepts Credit Card and
Debit or Cheque card payment via Visa and MasterCard only. These transactions
shall be secure by means of our designated service provider, who shall ensure
that your information is kept secure, that the correct amounts are debited and
that your information is not disclosed without authorization or leaked, changed
or misused. Should you have any concerns related to your card payment you are
to contact us immediately via our designated customer service channels below.
The User warrants that he/she is in possession of sufficient funds to complete
the transaction and shall be liable for any additional service charges should
the transaction be rejected.
Payment via Electronic Funds Transfer
(E.F.T)
BOSS TABLES shall accept payment of
funds at its sole and exclusive discretion via electronic funds transfer which
requires the User to transfer funds directly from his/her bank account into BOSS
TABLES account through electronic banking systems.
If this method is available the User
will be redirected to BOSS TABLES secure payment gateway and asked to require
to select his/her bank. The details for the EFT payment will then be displayed,
along with instructions regarding references and details of payment. All EFT
payments shall require proof of payment to be sent to our designated EFT
payments email address before the order is processed. Should the proof of
payment not be received, BOSS TABLES reserves the right to request same and/or
within a reasonable time cancel the transaction. BOSS TABLES reserves the right
to charge any additional banking or service fees which may be incurred by means
of this payment method.
6. Supply of Goods
BOSS TABLES shall at all times
endeavour to supply goods that are in a good condition, safe and fit for the
purposes for which they are purchased as contemplated in Section 55 of the
Consumer Protection Act (the “CPA”) Notwithstanding this, BOSS TABLES makes no
warranties or guarantees relating to goods that are sourced from external
suppliers, manufacturers and retailers. BOSS TABLES makes no representations
regarding the availability of stock including specific colours, sizes, labels,
brands or other identifiers and that available quantities reflected on the
Website and Online Platform are merely estimates. Once an order has been confirmed,
the onus remains on the User to ensure the correctness of the order and that
the appropriate sizes, colours and types have been selected without derogating
from the Returns Policy below. While BOSS TABLES endeavours to maintain
reasonable amounts of stock available to consumers, it cannot guarantee the
availability of any items listed on the website or online platform. BOSS TABLES,
shall at all times exercise reasonable care in ensuring that the pricing of
goods on the website and online platform is accurate and up to date – However, BOSS
TABLES cannot shall not be liable to consumers, retailers, or users of the
website or online platform in the event of pricing errors due to system
malfunction, human error or otherwise. All orders shall be processed via a
manual quote option with quotes being valid for 7 days only unless otherwise
stated.
7.
Returns Policy
BOSS TABLES will accept returns:
While BOSS TABLES shall makes every
effort to accommodate its Consumers and Retailers, our returns policy has to be
one that is both reasonable and in strict accordance with Section 56 together
with Section 57 of the Consumer Protection Act (the “CPA”)
The Act permits returns within the
first 6 Months in the following circumstances;
1. Where goods have been incorrectly supplied. An
example of this is where a User orders goods and receives goods that are
substantially different from what was ordered. BOSS TABLES will then have the
incorrect goods picked up and the correct goods delivered at no charge to the
Consumer.
2. Where the goods sold are materially defective.
Materially defective means that the goods are not suitable for the purposes for
which they are made or designed and that the defect affects the usage of the
item. BOSS TABLES reserves the right to inspect the goods once they have been
returned before offering the Consumer recourse on the matter, which will
include;
1. A full refund where the goods are found to be
materially defective OR
2. A credit to the value of the goods
3. A replacement of the goods
Materially defective here excludes minor scratches,
dents, marks or defects which do not affect the usage or enjoyment of the
goods.
4. All goods Purchased from BOSS TABLES via the
Website or Online Platform within 5 days of purchase, also known as the
“cooling off” period in terms of the Consumer Protection Act (the “CPA”) BOSS
TABLES will only accept returns if the goods are in their original packaging,
unused and the Consumer is able to provide a valid, dated proof of purchase.
5. BOSS TABLES reserves the right not to process
refunds on original shipping fees where items are not defective or incorrectly
supplied. Returns processed to BOSS TABLES shall be at the customer’s cost and
for the customer’s account.
BOSS TABLES will not accept returns:
1.
The Consumer Protection Act (the
“CPA”) specifically excludes “buyer’s remorse” and BOSS TABLES reserves the
right to reject returns that are sought because the Consumer has “changed his
mind” or no longer wants the item after the purchase has been made.
2.
Where the goods have been damaged due
to ordinary wear and tear or worn out in the ordinary course of use.
3.
Where the goods have been purchased
from other retailers and not BOSS TABLES.
4.
Where the goods fall into one of the
following categories:
5.
Goods that have been personalized or
custom made
6.
Goods that have been specifically
ordered for the Consumer and are not in ordinary stock
7.
Where the goods have been wilfully
damaged or have been damaged by the gross negligence of the Consumer or
Retailer.
8.
Where the goods have been damaged by
Force Majeure, or an acts beyond BOSS TABLES control such as inclement weather,
natural disaster, power failure, electrical surges or other circumstances
outside of BOSS TABLES ’s control.
9.
BOSS TABLES reserves the right to
hold the Consumer Liable for delivery charges in the event of one or more of
the above circumstances being the reason for return of the goods.
10.
Cash refunds will be processed 7
(seven) to 14 (fourteen) working days from date of refund being accepted.
Refunds shall be made to the banking details from which the order was placed,
or to the banking details provided to BOSS TABLES on signing up or account
creation.
11.
MARK DOWN SALE - SPECIAL OFFER
The contract signed is as a result of a mark down
sale;
The mark down sale which is applicable on the date
of the signature of the quotation is for one (1) day ONLY and applicable to the
date upon which the quotation has been accepted and signed by the customer;
The mark down sale shall be valid at the price
quoted in the section under the heading “mark down price” and is only valid if
the special offer price is paid on the date of the signature of the acceptance
of the quotation;
Should the mark down price be not paid in full and
reflected in the company’s bank account, on the same day then the “normal
price” will be applicable to the quotation and the mark down price would be
deemed to have lapsed and be of no force etc. And the purchase price shall be
the normal price as contained under the heading – “Normal Price”.
We will not accept any returns or give refunds for
goods purchased on a Mark Down Sale.
8.
Delivery of Goods
BOSS TABLES shall endeavour to have
all orders Dispatched within 14 days of the order being placed. However, the
delivery time may vary depending on external factors beyond BOSS TABLES
control. BOSS TABLES shall not be liable for any losses, liabilities, costs,
damages, charges or expenses arising out of late delivery. Risk on delivery
shall pass to the Consumer upon delivery, unless the Consumer arranges to have
the goods picked up or employs the services of his/her own delivery company, in
which case risk shall pass to the Consumer upon collection of the goods. No
deliveries shall be made to P.O Boxes or LOT No’s or outlying areas which are
not accessible by delivery companies. The onus remains with the Consumer to
ensure that an accessible physical address is provided.
The Consumer has a duty to ensure
that the goods are inspected upon delivery, and to notify BOSS TABLES within 48
hours of any defects, damages or incorrectly supplied goods. BOSS TABLES will
thereafter allocate any refund within 30 days after inspection.
All items processed by BOSS TABLES,
specifically excludes delivery costs and charges, which are calculated on an ad
hoc basis depending on order size, value, and location.
Delivery charges shall be detailed
with each individual order and may differ based on the size, type and quantity
of goods ordered by the Consumer or Retailer.
The User or Consumer agrees and
accepts that should the he/she change the order, delivery address or
specifications after an order has been dispatched, then there shall be delays
with the date and time of delivery based on logistical considerations.
The price of goods may vary according
to the Rand/Dollar exchange rate, which is beyond the control of BOSS TABLES.
Any and all rushed orders shall incur
a 30 percent surcharge.
BOSS TABLES shall not be liable for
any losses resulting from delays in processing, hiring charges or dispatching
orders.
The onus remains on the
customer/consumer to ensure that the correct address is furnished to BOSS
TABLES, including the correct deadline date, place of delivery and timing.
BOSS TABLES shall fulfil orders only
once full payment has reflect in its bank account and the funds have been
cleared.
All Quotes must be signed by the
customer and returned with deadline date in order to be accepted.
BOSS TABLES requires that all orders
are paid in full before orders are processed. Goods shall be released once any
orders with
1. Cash deposit chargers,
2. Sender to pay courier charger and
any outstanding payment is done.
9.
Cancellation Policy
The Consumer may at any time prior to
the order being finalized and confirmed online via completion of the
transaction, cancel the order at no charge to him or her. Once the order has
been confirmed and finalized however, BOSS TABLES reserves the right to charge
a reasonable handling or administrative charge which may be up to 10% of the
purchase price of the goods in accordance with the Consumer Protection Act (the
“CPA”) BOSS TABLES reserves the right to cancel any order where there is
suspicion of fraud, misconduct or other criminal activity and to refuse the
supply of goods in such circumstances.
The Consumer may not unilaterally
cancel the transaction, subject to the terms of the Returns Policy in Clause 7
above.
10.
Limitation of Liability
Unless otherwise provided in any
further written agreement, BOSS TABLES shall not be liable to Consumers,
Retailers or Users for any indirect, consequential, special, incidental or
punitive damages which may arise out of the use of BOSS TABLES Website or
Online Platform or the supply or resale of any goods or services.
11.
Information and Data Protection – POPI
In this clause the terms “data
subject” and “process” have the meanings given to them in the Protection of
Personal Information Act of 2013 (POPI). Each party warrants to the other that,
in relation to this Agreement, it shall comply strictly with all requirements
of POPI. BOSS TABLES shall ensure that all information collected from
Consumers, Retailers and Users shall be collected for the specific purposes of
interacting, transacting and conducting business, including information
obtained for the purposes of marketing and advertising.
BOSS TABLES warrants that it has
appropriate technical and organizational measures in place to protect against
unauthorised or unlawful processing of Personal Data and against accidental
loss or destruction of, or damage to, Personal Data held or processed by it and
that it has taken reasonable steps to ensure the reliability of any of its
staff who have access to Personal Data processed in connection with this
Agreement. BOSS TABLES will co-operate with and assist any Consumer, Retailer
or User at no charge in allowing data subjects to exercise their rights under
The Protection of Personal Information Act of 2013 and will comply with any
reasonable request made by Consumers, Retailers or Users to ensure compliance
with the measures mentioned in the Act.
The Consumer, Retailer or User
warrants that it will notify BOSS TABLES immediately of any correspondence it
may receive from any local data protection regulator and any successor or
replacement body relating to Personal Data or any complaint from an individual
about the processing of Personal Data in connection with this Agreement.
If BOSS TABLES becomes aware of the
loss or compromise of, or any damage to, any Personal Data which it is
processing in connection with this Agreement it will:
(a) immediately notify the Consumer,
Retailer or User of the details of the incident and
(b) promptly initiate a full
investigation into the circumstances surrounding the incident and make any
reports of notes of the investigation available to the Consumer, Retailer or
User;
12.
General
This Agreement together with relevant
provisions of the Privacy Policy constitutes the entire agreement between BOSS
TABLES and the Consumer, Retailer or User and supersedes all previous
agreements and arrangements (if any) whether written, oral or implied. The
Consumer, Retailer or User acknowledges that, in entering into this Agreement,
it has not relied on any representations by BOSS TABLES , made before the
execution of this Agreement other than those expressly set out in this
Agreement. Any amendments to this agreement shall be provided to the Consumer,
Retailer or User upon the next usage of the Website or Online Platform and
continued usage thereof shall constitute acceptance of such agreement.
All images and information relating
to logos, fonts, brands, products, content, pricing, sizes, specifications, and
other proprietary information, hosted on the website or online platform remain
the sole and exclusive property of BOSS TABLES. Copying, distributing, usage,
dissemination, alteration, and manipulation thereof without the express written
consent of BOSS TABLES is an offence and shall be punishable to the full extent
of the law.
Any notice required to be given under
this Agreement shall be given in such manner as is expressly provided
below in terms of this agreement shall be given in writing signed by a person
duly authorised by the sending party and delivered by hand, e-mail or
registered mail to the recipient at its address specified in this Agreement (or
as otherwise notified from time to time to the sender by the recipient for the
purposes of this Agreement).
This Agreement shall be governed by
and construed in all respects in accordance with South African law and the
Courts of the Republic of South Africa shall have exclusive jurisdiction. If
any provision or any part of this Agreement is held to be illegal or
unenforceable, in whole or in part, under any enactment or rule of law, such
provision or part shall to that extent be deemed not to form part of this
Agreement but the enforceability of the remainder of this Agreement shall not
be affected;
13.
Address for Notices
BOSS TABLES chooses the following
address for the receipt of notices, processes, documentation and
communications. Should any communications not be directed to the addresses
below, BOSS TABLES reserves the right to deem such notices, processes or
communications as undelivered and incorrectly served.
Enquiries
to: info@partychairs.co.za
Physical
Address: Gosai & Co, 105 Sixth Avenue, Morningside, Durban.
Customer
Services Number: 0314654604