Effective Date 1 January 2021
Mable Furniture (Pty) Ltd
1.1. When accessing the Website www.mable.co.za ('Website'), you enter into a legally binding contract with Mable Furniture (Pty) Ltd t/a Mable (“Mable”) on the terms and conditions (“Terms”) set out in this document. Mable is a company incorporated in Republic of South Africa, with company registration number 2020/586130/07, and hereinafter referred to as 'we' or 'us' or 'our' as required by the context.
1.2. These Terms apply to all visitors to the Website, including members of the public or legal entities accessing the Website for information purposes; members of the public or legal entities submitting advertisements, comments, files, images, videos, sounds, business listings and/or information, and/or any other material or data (“Content”); web search engines; and data and/or information aggregators ('users' or 'you' or 'your').
1.3. We provide an online store collection though which we sell furniture and ancillary goods (“Goods”). Our Website contains the platform though which our Goods are purchased, Content, forums, and certain e-mail services (these resources are collectively referred to as “Services”), and your access and/or use of the Website, the Services and the purchase of the Goods are subject to these Terms.
1.5. This understanding and agreement supersedes all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral.
1.6. The Terms and the relationship between us are governed by the laws of the Republic of South Africa.
1.7. You and we agree to submit to the personal and exclusive jurisdiction of the courts located in the Republic of South Africa. Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (because, for example, such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision.
2.1. By accessing the Website and/or by using the Services (as amended and updated from time to time), you agree to be bound by these Terms. Should you object to any term or condition of these Terms, to any guideline or any subsequent changes thereto, or become dissatisfied with us, the Website or the Services, please refrain from using the Website and/or the Services and contact us using the contact details provided in paragraph 16 below.
2.2. These Terms may be updated by us at any time and at our sole discretion.
4.1. We offer the design and sale of made-to-order furniture, the Goods, which can be viewed on our website, and services associated herewith.
4.2. The Website and the Content available through the Website may contain links to third-party websites ('Third-Party Websites') completely unrelated to us or our Services.
4.3. If you link to Third-Party Websites, you may be subject to the terms and conditions and other policies of those Third-Party Websites.
4.4. We do not endorse any Content displayed on any Third-Party Website.
4.5. We do not permit copyright-infringing activities or infringement of intellectual property rights on the Website. We may, at our sole discretion, remove any infringing Content if properly notified that such Content infringes another's intellectual property rights.
5.1. We will use our reasonable efforts to ensure the Goods and Service is available at all times.
5.2. However, it is possible that on occasion the Service may be unavailable to permit maintenance or other development activity to take place, or in the event of force majeure.
5.3. We will use reasonable efforts to publish on the Website advance details of any foreseeable unavailability.
5.4. Through the use of web services and APIs, the Service interoperates with a range of third-party services.
5.5. We do not make any warranty or representation on the availability of those third-party services. Without limiting the previous sentence, if a third-party provider ceases to provide its service or ceases to make that service available on reasonable terms, we may cease to make available our Service to you. To avoid doubt, if we exercise our right to cease to provide our Service due to a third party not providing its service anymore or providing its service on reasonable terms, you will not be entitled to any refund, discount or other compensation from us.
6.1. You acknowledge and agree that the materials on the Website, including the text, software, scripts, graphics, images, sounds, music, videos, interactive features and the like ('Materials'), and the trademarks, service marks and logos contained therein ('Marks'), are owned by or licensed to us and are subject to copyright and other intellectual property rights.
6.2. We reserve all rights not expressly granted herein to the Website and the Materials. You agree not to use, copy or distribute any of the Materials, otherwise than as expressly permitted herein, or to use, copy or distribute the Materials of third parties obtained through the Website, for any commercial purpose. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials or that enforce limitations on the use of the Website or Materials.
6.3. The Services are protected to the maximum extent permitted by copyright laws, other laws, and international conventions or treaties. Content displayed on or through the Services is protected by copyright as a collective work and/or compilation pursuant to copyrights laws, other laws, and international conventions or treaties. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof, to another server or location for further reproduction or redistribution is expressly prohibited.
6.4. You further agree not to reproduce, duplicate or copy Content or Materials from the Services, and agree to abide by all copyright notices and other notices displayed on the Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services.
7.1. Goods are made to order specifically for a customer and are therefore not refundable or exchangeable.
7.2. Goods are manufactured from birch plywood and the customer accepts that it may contain imperfections and patchwork.
7.3. Goods are not suitable for exterior use.
7.4. Goods are delivered flat-pack and will require assembly by the customer.
7.5. Should Mable make an error regarding the specifications of the goods or if it’s found to be faulty, or a component of the good is missing, Mable will endeavour to rectify the fault. In this case a customer must, within 5 (five) business days of receipt of the goods, notify Mable in writing of their dissatisfaction via an online form that the customer will be required to complete on the Website. Failure to notify us within 5 (five) business days will be deemed as the customer’s acceptance of the Goods in good condition and working order.
7.6. If a component of the Goods is missing or damages, Mable will at its cost and within 15 (fifteen) business days deliver a replacement component to the customer.
7.7. Goods carry a 36-month warranty for faulty workmanship and defective materials, provided that the goods have been duly cared for and maintained by the customer. Mable will not be liable for faulty workmanship and/or defective materials in the event that the goods have been misused or damaged by accident, negligence or with intent.
7.8. Hinges carry a 25-year warranty by the manufacturer Blum.
7.9. Upon receipt of a customer’s written complaint, Mable will investigate the issue. If it is determined that Mable made an error or there was a manufacturing fault, Mable will repair or replace the goods in question.
7.10. Clients may not return goods on the basis that the new or latest prices shown are lower than when the goods were previously purchased. Mable reserves the right to sell items for lower prices than they were sold for previously.
7.11. In order for Mable to repair or replace the Goods, the following procedure must be followed:
7.11.1. The customer must notify Mable within 5 (five) business days of receipt of the goods of any issue/s with the purchased goods;
7.11.2. The goods must be kept in it’s original packaging;
7.11.3. Proof of payment / receipt of purchase; and
7.11.4. Description of the issue by completing the online form on the Website.
8.1. The process for purchasing any of the goods displayed on this website will be as follows:
8.1.1. Users will select the goods on the website they wish to purchase;
8.1.2. Upon selection, users will be diverted to FurnitureMart via PayFast (Pty) Ltd where payment can be made by way of Debit or Credit Card, instant EFT, Masterpass, SnapScan, or Zapper;
8.1.3. The transaction will be presented to the user’s bank for authorisation;
8.1.4. On receipt of full payment by Mable, the order will be placed;
8.1.5. In the event that bank authorisation is not obtained, or full payment is not received by Mable for whatever reason, the order will be cancelled;
8.1.6. Manufacturing of the goods will only take place on receipt of full payment of the purchase price by Mable.
8.2. Mable will not be held liable for any delays in payment confirmation from the financial institutions.
8.3. PayFast uses the strictest form of encryption and no Card details are stored on the website. Users may go to www.payfast.co.za.to view their security certificate and security policy.
8.5. Prices and calculations displayed on this Website are quoted in South African Rand (ZAR) inclusive of VAT (Value Added Taxation) and are valid and effective only in South Africa. Prices and calculations are subject to change and confirmation by Mable. Mable or its affiliates shall in no way be held responsible for any errors, omissions or misstatements originating from information on this Website. If Goods have been priced incorrectly, Mable will not be obliged to sell the Goods to you at the incorrect price and reserves the right to adjust the price.
8.6. Once payment is received in full, Mable will issue an invoice for the purchase. Goods will only be manufactured once payment has been made in full.
8.7. If Mable is unable to fulfil an order for whatever reason, the customer will be notified hereof and Mable will be entitled to cancel the order and refund the customer. In the event of a cancellation of the order for whatever reason by Mable, Mable shall not be liable for any damages suffered by the customer as a result of the cancellation of the order.
8.8. Payments made by EFT (Electronic funds Transfer) before daily bank cut off times require a 48-hour period to clear funds and allocate them to the orders.
Customers agree and accept the risk of loss and title will pass to them or their agents whenever goods are collected from the Mable premises. Should the customer request delivery of the goods, the risk of loss and title will pass to the customer upon delivery as evidenced by the signature of the person taking delivery on our copy of the invoice or a delivery note.
10.1. Mable makes every effort to manufacture and deliver goods within the estimated lead time of 20 business days from when orders are placed. If we experience high volume of orders, or an event occurs outside of our control which prevents manufacture and/or delivery within the specified lead time, the customer accepts that manufacture and delivery may be delayed by up to 10 business days. Mable will in these circumstances make every effort to expedite delayed lead times and ensure that the customer is updated on the progress of the delayed order.
10.2. Deliveries outside of the Western Cape will require an additional 10 business days for delivery.
10.3. Mable will not be liable for any damages suffered by the customer as a result of delayed delivery.
10.4. Kindly take note of the following:
10.4.1. Deliveries will be made on business days from Mondays to Fridays during normal operating hours;
10.4.2. Deliveries are subject to the customer’s address being within the delivery zone of Mable;
10.4.3. Should a delivery need to be made outside of the designated delivery zone, a member of the Mable staff will contact the customer to advise on delivery fees and instructions;
10.5. Instructions for delivery:
10.5.1. It is in the customer’s interest to decide on where the goods should be placed and clear the path of any breakables or obstructions to enable the delivery crew to deliver the goods;
10.5.2. The delivery crew is not permitted to take any unwanted furniture or returns which have not been arranged for removal by the sales team;
10.5.3. Mable will not be held liable for any missing items post-delivery or any breakages or damages in the course of unloading and placing the goods in the designated area;
10.5.4. All pets must be secured in a safe location upon the delivery crew’s arrival
10.5.5. The delivery crew is only permitted to carry goods up to the first floor should no suitable lift be available, and provided that the stairway is wide enough to carry the goods without damage.
11.1. You acknowledge and agree that the materials on the Website, including the text, software, scripts, graphics, images, sounds, music, videos, interactive features and the like ('Materials'), and the trademarks, service marks and logos contained therein ('Marks'), are owned by or licensed to us and are subject to copyright and other intellectual property rights.
11.2. We reserve all rights not expressly granted herein to the Website and the Materials. You agree not to use, copy or distribute any of the Materials, otherwise than as expressly permitted herein, or to use, copy or distribute the Materials of third parties obtained through the Website, for any commercial purpose. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials or that enforce limitations on the use of the Website or Materials.
11.3. The Services are protected to the maximum extent permitted by copyright laws, other laws, and international conventions or treaties. Content displayed on or through the Services is protected by copyright as a collective work and/or compilation pursuant to copyrights laws, other laws, and international conventions or treaties. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof, to another server or location for further reproduction or redistribution is expressly prohibited.
11.4. You further agree not to reproduce, duplicate or copy Content or Materials from the Services, and agree to abide by all copyright notices and other notices displayed on the Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services.
12.1. You agree to defend, indemnify us and hold us and our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees) arising from:
12.1.1. your use of and access to the Website and/or the Services;
12.1.2. your violation of any term of these Terms;
12.1.3. your violation of any third-party right, including, without limitation, any copyright, trademark, trade secret, or other property or privacy right; or
12.1.4. any claim that your content caused damage to a third party.
12.2. This defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Services and the Website.
13.1. You acknowledge and agree that we, in our sole and absolute discretion, have the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, and to remove and discard any content within the Services, for any reason including our belief that you have violated these Terms.
13.2. You agree that we will not be liable to you or any third party for termination of your access to the Website or the Services. You also agree not to attempt to use the Services after such termination.
14.1. You expressly acknowledge and agree that use of the Website and the Services is entirely at your own risk and that the Website and the Services are provided on an 'as is' or 'as available' basis, without any warranties of any kind. Pictures and prices/calculations and information of items on this Website have been set as accurate as possible. Variances and changes may occur at our discretion.
14.2. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law we, our officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the Website and the Services and your use thereof. We make no warranties or representations about the accuracy or completeness of the Website's content, the Services or the content of any Third-Party Website linked to the Website and assume no liability or responsibility for any -
14.2.1. errors, mistakes or inaccuracies;
14.2.2. unauthorised access to or use of our Service and/or any personal and/or financial information stored therein;
14.2.3. interruption or cessation of transmission to or from the Website;
14.2.4. bugs, viruses, trojan horses or the like which may be transmitted to or through the Website by any third party; or
14.2.5. errors or omissions in any content or loss or damage of any kind incurred as a result of the use of any content transmitted or otherwise made available via the Website or the Services.
14.3. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked Website featured in any banner or other advertising, and we will not be a party to or in any way responsible for the monitoring of any transaction between you and/or other users and/or third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise appropriate caution.
15.1. In no event will we, our officers, directors, employees or agents be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages) resulting from any aspect of your use of the Website or the Services, including damages arising from the use or misuse of the Website or the Services, from the inability to use the Website or the Services, or from the interruption, suspension, modification, alteration, or termination of the Website or the Services. These limitations will apply to the fullest extent permitted by law.
These Terms and any rights and licences granted hereunder may not be transferred or assigned by you but may be assigned by us without restriction. Any assignment or transfer by you will be null and void.
This Website is intended for adults only. You affirm that you are more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.
If any provision of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms will not in any way be affected or impaired.
These Terms will insure to the benefit of and be binding upon each party's successors and assigns.
More information about us is provided below:
Full name: Mable Furniture (Pty) Lty
Main business address of receipt for legal service: 395 Main Rd, Piazza St. Johns, 8005 Sea Point, Cape Town, South Africa.
Office-bearers: Maria Kapala
Membership of any self-regulatory or accreditation bodies: None
The manner in and period within which you can access and maintain a full record of any payment transaction: NA
Webmaster: Better Than Random
Official website: www.mable.co.za
E-mail address: email@example.com
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