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.
10.
10.1. Discount coupons are only valid for the period as published.
10.2. Gift cards that have been purchased from Cielo shall be valid for a period of 3 (three) years from the date of purchase in terms of the Consumer Protection Act. Any voucher issued as part of any promotion or by our customer care department in good faith or as part of any compensation, compromise or resolution for any claim, shall only be valid for a period of 6 (six) months from the date of issue.
10.3. Gift cards may not be exchanged for cash. Customers who purchased a gift card and wishes to cancel the purchase must do so within 7 (seven) days from purchase the date.
10.4. Where a customer has received a free voucher as part of a product promotion and at a later stage a refund or part refund is approved towards the item that was purchased, the free voucher issued shall automatically be cancelled. In the event where this voucher has already been redeemed, the value of such voucher will be deducted from any refund amount due to the client.
10.5. Vouchers linked with promotions, shall only be issued where the full advertised price has been paid. If any discount was offered to the client for the specific product, the free voucher shall no longer apply to the product offer. Cielo reserves the right to exclude laybuy orders from any promotion or clearance sale.