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Terms & Conditions

Terms & Conditions


 

1.    Introduction

 

1.1.   www.ergorest.co.za Specialises in the manufacture of high-quality Visco Elastic memory foam mattress, toppers and pillows.

 

1.2.  This site and all services available in connection with this site (the “Site”) are made available to you by ErgoRest subject to these terms and conditions, including those set forth in the ErgoRest User Data Policy (the “Terms”).

 

1.3.  This Site is owned and operated by Wheco Group (Pty) Ltd (hereinafter referred to as ‘us’, ‘we’, ‘our’ ‘ErgoRest’, ‘the Supplier’ and/or ‘Wheco Group’) and as such any personal information or data collected through the use of the website whether by communication, purchase invoicing or customer enquiry as well as in store transactions (governed by these terms & conditions) shall be utilised for the purposes of customer service, internal market research or direct marketing. This information shall not be shared with third parties other than as it relates to customer service and delivery.

 

1.4.  By accessing, using or downloading any information or materials from the Site, you agree to follow and be bound by the Terms, which may be updated by ErgoRest from time to time without notice to you. You advised to review the most current version of the Terms at Regularly.

 

2.    Country of domicile

 

2.1.  This website is governed by the laws of South Africa and ErgoRest chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature at 40 Newton Street, Newton Park, Port Elizabeth. Any disputes, actions or proceedings relating to the terms or your access to or use of our website must be brought before the courts of the South Africa in the city of Port Elizabeth and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

 


3.     Variation

 

3.1.  ErgoRest and its third-party providers may make improvements and/or changes in the products, programs and prices described in this site at any time without notice.

 

3.2.  If you do not agree with the Terms, please do not use this Site. By continuing to use the Site, you are deemed to agree to the terms and all revisions thereof.

 

3.3.  ErgoRest reserves the right at any time and from time to time to modify or temporarily or permanently discontinue the Site or any portion thereof with or without notice.

 

3.4.  ErgoRest may, in its sole discretion, change this agreement or any part thereof at any time without notice.

 

 

4.     Governing Law

 

4.1.  Any disputes arising out of or relating to the Terms and Conditions, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the Republic of South Africa without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the terms or your access to or use of our website must be brought before the courts of the South Africa in the city of Port Elizabeth and you irrevocably consent to the exclusive jurisdiction and venue of such courts our actions as they relate to the collection, use and disclosure of Personal Information.

 

4.2.  Certain provisions of the Terms & Conditions may be supplemented or superseded by expressly designated legal notices or terms located on particular pages at this Site. The Site is not intended for and is not designed to attract children under 13 years of age.

 

5.     Liability

 

5.1.  You agree that ErgoRest shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof.

 


6.    Privacy

 

6.1.  ErgoRest is committed to protecting privacy and to ensuring that personal information is collected and used properly, lawfully and transparently in accordance with the provisions of the Protection of Personal Information Act.

 

6.2.  The ErgoRest User Data Policy relates to the collection and use of personal information you may supply to us through your conduct on the website – this is done in accordance with the provisions of the Electronic Communications and Transactions Act as well as the provisions of the Protection of Personal Information Act.

 


7.    Delivery

 

7.1.  Prices advertised on this website shall exclude delivery charges unless otherwise specified.

 

7.2.  No orders shall be dispatched until payment has cleared in our account.

 

7.3.  Depending on the size of the order and the exact delivery location, our standard delivery period is approximately 5-10 days from the date of payment.  Longer delivery periods may be applicable for orders placed during or leading up to the festive season (15 November to 31 December), such delivery timelines to be published the website and/or by communicated by stores or sales consultants during this time.

 

7.4.  Delivery fees include delivery to the majority of towns and cities in South Africa only. In some cases, couriers may require a surcharge to deliver to areas considered to be remote or high-risk. Should this be the case, the customer shall be contacted to discuss surcharges or alternative delivery options. Should an agreement not be reached between ourselves and the customer, we reserve the right to cancel the order and refund the customer in full.

 

7.5.  It shall be the customer’s responsibility to properly inspect delivered goods. If packaging shows visible damages, it is advised to make a clear note of such damages on the waybill when signing for the goods.

 

7.6.  Delivery is only guaranteed to be delivered to the delivery address supplied by the customer. Verification of the identity of the person receiving goods cannot be done. Individuals accepting the goods at the delivery address on the date of delivery shall be considered authorised by the customer to receive delivery on their behalf, and shall also be responsible to perform the duties of checking for damages or shortages.

 

8.     Returns and Refunds

 

8.1.  All ErgoRest products are covered by a 30 Day Money Back Satisfaction Guarantee.

 

8.2.  Notice of a customer's intent to return the product/s should be done by no later than day 15. Notice should be given to ErgoRest by emailing info@Ergo Rest.co.za as well as to the dealer where the product was purchased in writing. It shall be the customer’s prerogative to ensure such notice was in fact received by ErgoRest and/or the Dealer in question and that he/she receives the necessary confirmation of receipt from ErgoRest and/or the dealer applicable. All late notifications will not be honored.

 

8.3.  ErgoRest will determine where, when and how the product should be returned depending on the product purchased as well as the dealer it was purchased from. Customers may be required to either return to the dealer directly or to ErgoRest's head office/warehouse. Transport charges to and from the customer for the product in question will be deducted from any refund and where credit card was used for the purchase ErgoRest and/or the agent/deal may deduct the applicable bank charge also.

 

8.4.  ErgoRest will give instructions to the customer as to how the product should be packaged and returned and it shall be the customers responsibility to package the product properly in the event where a third party courier service will collect the product from the customer. Any product received in damaged condition may be rejected or applicable surcharges may apply.

 

8.5.  This 30 day Money Back Satisfaction Guarantee does not apply to custom made products.

 


9.     Warranty

 

9.1.  All Mattresses are covered by a 2 (Two) year Factory Guarantee, as well as a 10 year service warranty. The 10 year warranty shall work on a pro-rata basis as per industry norm and will decrease by 1/10th per annum. The recommended retail and repair charges at the time of the warranty claim shall be used as the benchmark for warranty claims.

 

9.2.  Overlays are covered by a 1 (one) year factory guarantee against all manufacturing defects. The recommended retail and repair charges at the time of the warranty claim shall be used as the benchmark for warranty claims.

 

9.3.  Pillows, Support Products and Accessories are covered by a 1 Year Factory Guarantee.

 

9.4.  Transport charges during the initial factory guarantee period shall be covered 50% by ErgoRest and the balance by the customer. During the warranty period transport charges shall be for the account of the customer – however advantage can be taken of ErgoRest's special negotiated transport rates.

 

9.5.  Guarantee and Warranties shall cover factory faults only as well as any premature foam breakdown, excessive sagging, indentations or where the pressure relieving properties of the mattress has been compromised.

 

9.6.  All Guarantees are for the original owner only and are not transferable. Customers will be required to provide proof of purchase with any warranty claim.

 

9.7.  Note: Foam indentations and body impressions is a normal occurrence in foam mattresses and due to normal foam wear. Indentations of less than 30mm shall be considered fair wear and not qualify for a warranty claim.

 

9.8.  This guarantee does not cover any changes in firmness or properties that does not affect the pressure relieving abilities. Firmness levels on foam do change over time and can also change due to external factors such as the weather climate.

 

9.9.  This guarantee does not guarantee 'comfort' as comfort is a personal preference which varies from person to person and no independent test exists to measure mattress comfort. The 30 day money back guarantee should be used as a comfort guarantee.

 

9.10.     Fabric Covers of Mattresses or other products are only valid during the guarantee period and no cover shall be covered by guarantee if it was stained, burnt or claims that can be attributed to fair wear and tear.

 

9.11.     ErgoRest products that are won in any competition, or purchased in an auction or purchased as a floor demo or a 'scratch and dent' sale shall not be covered by the standard warranty periods. These products will not be covered by any warranty except for such warranties explicitly stated with such competition/auction/sale and such warranty shall then be considered as a dealer warranty and not a manufacturer warranty hence a resulting claim should be taken up with the dealer and not the manufacturer.

 

9.12.     All custom manufactured products shall only be covered with a 6 (six) month warranty, unless otherwise agreed upon.