TERMS & CONDITIONS
1. THE SELLER
The Site is owned and operated by Duhn (Pty) Ltd, with registration number: 2018/106872/07, a PTY LTD company incorporated in the Republic of South Africa (“Duhn”).
In this Terms & Conditions:
2.1. clause headings are for convenience and shall not be used in its interpretation;
2.2. unless the context clearly indicates a contrary intention an expression which denotes any gender includes the other genders, a natural person includes an artificial person and vice versa and the singular includes the plural and vice versa;
2.3. the following expressions shall bear the meanings assigned to them below and cognate expressions bear corresponding meanings –
2.3.1. “Parties” means both Duhn or the User of the Site and/or Purchaser;
2.3.2. “Product” means any Product offered for Purchase on the Site;
2.3.3. “Site” means the website on which the Products of Duhn are offered and sold;
2.3.4. “We” means Duhn (PTY) LTD;
2.3.5. “You” means the Purchaser and/or the person who places the order and any person using the Site;
2.4. a reference to days in the computation of any time period shall be inclusive of Saturdays, Sundays and public holidays and shall exclude the first and include the last day of such period;
2.5. any reference to any statute shall be a reference to that statute as at the signature date, and as amended or re-enacted from time to time;
2.6. References to “includes” or “including” or like words or expressions shall mean without limitation.
3.1. These are the Terms & Conditions that apply when you use our Site and purchase Products from us online (“Terms & Conditions”).
3.2. All users of the Site and Purchasers any products on the Site (“Purchasers”) are bound by these Terms & Conditions and by browsing or using the Site in any way, you hereby acknowledge that you have read and accepted these Terms & Conditions.
4. CONSUMER PROTECTION ACT
By browsing or using the Site in any way, you hereby acknowledge that you are aware that the Consumer Protection Act 68 of 2008 (“the CPA”) may be applicable to any transaction arising from the purchasing of any Products from the Site and that the CPA provides you with certain rights including that your attention must be drawn to certain terms and conditions which shall be written in plain language. You hereby acknowledge that your attention was drawn to the paragraphs underlined and that you were given an adequate opportunity to receive and comprehend the terms and/or conditions and that you understand the content thereof. By proceeding to use and browse the Site you confirm that you have no objection to bind yourself to such terms and conditions and acknowledge that these Terms & Conditions are reasonable and fair.
5. STOCK & AVAILABILITY
5.1. All Products displayed on our Site are subject to availability. If any Products ordered by you are not immediately available or are not available at all, we will let you know as soon as possible. Products are only available for delivery in South Africa.
5.2. Duhn shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should Duhn be unable to fulfil any Order placed by you at the advertised price due to stock having sold out, Duhn will notify you and you will be entitled to a refund of the amount paid by you for such product, as referred to in clause 13.
5.3. We have made every effort to accurately display the Products specifically with regard to their colour, description and price. Please remember however that the colours that you see will depend on the device which you are using to access our website and we cannot guarantee that the Products when received will be the exact same colour as you have seen it. We will also not accept any order if there has been a material error as to the price or description of the Products. We will inform you of such errors as soon as we become aware of them.
5.4. Duhn furniture is mostly flat packed and will require assembly by the end user. Assembly is easy and instructions are supplied by Duhn. If assistance is required, we will happily provide it either telephonically or, if possible, with a physical demonstration.
5.5. Duhn furniture is provided in its natural state. We provide a light sanding to make the furniture easier to handle when assembling. We do recommend that at the minimum, you treat the furniture with wood oil.
6. PURCHASING PRODUCTS
6.1. In order for you to place an order with Duhn you must be at least 18 years old or older.
6.2. The Site will enable you to place electronic orders (“Order”) for one or more Products offered, for so long as such Products are still available and have not sold out.
6.3. A purchase agreement between you and Duhn (“Purchase”) only comes into effect if you electronically submit a properly completed Order for one or more Products in your shopping basket and payment is either authorised or received by Duhn into its bank account, subject to stock of the Product concerned being available.
6.4. Products cannot be reserved for later purchase, and placing a Product in your shopping basket without completing the purchase does not constitute an Order for, or a Purchase of such Product. Consequently, prior to actual Purchase, Duhn may remove any Product from your shopping basket if stock of the Product is no longer available, or if 30 minutes has elapsed, and you cannot hold Duhn liable if any Product is not available when you attempt to complete the Purchase at a later stage.
6.5. The invoice in respect of your Purchase will be available online in the “My Account” section of the Site.
7. TERMINATION OF PURCHASES & CANCELLATION OF ORDER
7.1. Duhn reserves the right, for purposes of preventing suspected fraud, to refuse to accept or process payment on any Order and/or to cancel any Purchase, in whole or in part, on notice to you. Duhn shall only be liable to refund monies already paid by you in respect of the cancelled portion of the Order (see clause 13 in this regard).
7.2. You are entitled to cancel any Order/s or Purchase/s as provided for in clause 13.
8. AMOUNTS PAYABLE BY YOU
The price of each Product is displayed with the Product listing. The stated prices on our Site are in South African Rand and are only valid and effective in South Africa.
9. DELIVERY CHARGES
9.1. We will charge a delivery fee for every order you place.
9.2. The delivery fee will always be communicated to you when you place your order.
Duhn shall take all reasonable efforts to accurately indicate Purchase Prices and delivery fees. However, should Products be erroneously offered at incorrect Purchase Prices and/or delivery charges, Duhn will not be obliged to sell Products at such incorrect Purchase Prices and/or delivery charges and shall only be liable to refund monies paid should you not wish to proceed with the Purchase at the correct Purchase Price and/or delivery charge.
11. PAYMENT BY CREDIT CARD AND EFT
11.1. Purchases may currently be paid for by credit cards or EFT only.
11.2. At the time of placing the Order, the transaction details are presented to the bank and an authorization is obtained for the amount of the Order. If such authorisation is not obtained, the Order will be cancelled. If authorisation is obtained, payment is usually immediate.
11.3. You hereby warrant that you are fully authorised to use the credit card supplied for purposes of paying for your Order and that this credit card has sufficient available funds to cover all of the costs incurred as a result of using the Services.
11.4. Orders paid for by EFT will only be processed once the funds are reflected in our account and the payment must be identified by supplying the correct order reference number. Proof of payment needs to be sent to email@example.com in order for your order to be processed.
12.1. Place of delivery
12.1.1. Duhn only delivers Products within the Republic of South Africa.
12.1.2. As Purchaser, you will be able to specify the place of delivery within South Africa, and the contact number(s) to be used in relation to the delivery, for each Order when you place such Order.
12.1.3. Products will be delivered to the delivery address specified by you during the Order process and if nobody is at the address when the delivery is made, our courier will contact the mobile number you provided to us in the relevant Order and/or a notice of attempted delivery may be put through the letterbox. Our courier will attempt re-delivery one more time thereafter, but if delivery is again unsuccessful, it will be your responsibility to contact the courier company to either arrange that you collect the package from the courier’s nearest depot or to agree upon a new delivery date with the courier. If you have not contacted the courier within a reasonable time, then the package will be sent back to Duhn who will contact you via email to arrange a possible re-delivery at your expense. If attempted contact is unsuccessful within a reasonable period of time, Duhn will merely refund you.
12.1.4. If anyone other than the purchaser is accepting delivery of the Products at the delivery address, they are presumed to be authorised to accept the Products on your behalf.
12.1.5. We have outsourced all delivery and collection and, to the extent permitted by law, we will not be liable for any damage suffered or any losses incurred arising out of any act or omission by the deliverer, its directors, employees, sub-contractors, agents or representatives.
12.2. Delivery time and delays
12.2.1. We aim to deliver every standard delivery within 3 to 5 working days, but we cannot guarantee any firm delivery dates.
12.2.2. Duhn may notify you of the dispatch of your Order via email (to the email address we have on record for you), summarising the Products sent and informing you of the tracking number so that you can track it on the relevant service provider’s Site.
12.2.3. Deliveries are not done on weekends and public holidays. Our ability to deliver is also always subject to the availability of the Products and the supply of accurate delivery address details.
12.2.4. Notwithstanding anything to the contrary contained herein, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
12.3. Delivery Made
12.3.1. Each delivery is deemed to have been made once the Product has been handed over to an individual at your chosen delivery address, including when this is done by the courier, as recorded in the tracking system used by the courier.
12.3.2. It is your responsibility as Purchaser, to ensure that you or your intended gift recipient (if applicable) check the package upon arrival and make any reservations and claims which might appear to be justified, or even to refuse the package, if it is likely to have been opened or if it shows clear traces of damage. The aforesaid reservations and claims must be sent to the courier by registered letter (with acknowledgement of receipt) and a copy must simultaneously be sent to Duhn.