6.1 If you are not wholly satisfied with your new purchase you may return, replace and refund your products subject to producing the original receipt and ensuring the product is in its original packaging and condition.
6.2 You can change or cancel your order before we have processed your order. To change your processed order, please contact JD Group on 0800 111 081. If we have already dispatched your order, you can request a refund of the product, please see our Return Policy:
6.2.1 Unwanted products may be returned within 14 days from the date of receipt. Please complete the return request here [email protected]
6.2.2 JD Group will refund the price paid for the goods, provided that the goods are within their original packaging and have not been used or damaged.
6.2.3 If the goods are no longer in the original packaging, a reasonable amount may be charged for the use of the goods or for restoration costs to render the goods fit for re-stocking.
6.2.4 All accessories and parts must be included.
6.2.5 We regret that some products cannot be returned.
6.3 The following products cannot be returned or refunded:
6.3.1 A product which has been personalized for you or made to your specifications.
6.3.2 Any flat-pack furniture assembled after delivery, cannot be returned and will be inspected first in the event of a potential manufacturing fault.
6.3.3 Due to copyright law, licensed software and games cannot be returned or refunded unless faulty.
6.3.4 Pre-paid cards, Digital or Physical Vouchers may not be returned for a refund or credit.
6.3.5 Delivery and or installation costs.
6.3.6 Any damaged or abused items.
6.3.7 Any other specified non-returnable/ non-refundable items not listed.
6.3.8 TV Licensing as this needs to be processed with the SABC directly.
6.4 Faulty & Defective Products:
A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances.
6.4.1 In the unfortunate event that your purchased product becomes faulty or defective within the first six months of delivery, you can ask for the product to be collected for inspection and the following may apply:
6.4.2 The product may be repaired.
6.4.3 The product may be replaced if the supplier confirms a replacement.
6.4.4 You may be refunded for the purchase amount.
6.4.5 In the event that the product is found to not be faulty, you could be liable for handling and delivery charges; including the collection and the re-delivery of the product to you. You will be liable if the goods are damaged or faulty as a result of misuse, abuse or negligence. Should the product not be in its original packaging, a handling fee of up to 15% of the product’s value may be charged as per the CPA.
6.4.6 The warranty does not cover any defects caused by foreign objects/connection errors that are not part of the appliance, including but not limited to:
(a) Use other than domestic use by the customer or his/her immediate resident family at the declared address of delivery.
(b) Failure by the customer or any other person to comply with the manufacturers’ instructions for installation, maintenance or use.
(c) The use of accessories which have not been approved by the manufacturer.
(d) The application and/or use of any incorrect or abnormal electrical or water supply to the appliance.
(e) Any defect in wiring, electrical connections or plumbing which does not form part of the appliance at the time of the original purchase.
(f) The presence in the appliance of objects which the appliance is not intended to cope with, such as hairpins, coins and buttons in washing machines, hot food in fridges and chewing gum and wax crayons in tumble dryers.
(g) Neglect, misuse, or wilful abuse of the appliance.
(h) Anything related to the appearance of the appliance which does not in JD Group sole opinion prevent the appliance from working adequately: this includes but is not limited to cosmetic and manufacturers’ defects such as: discolouring of any part of the appliance, paint peeling off, cracked or broken handles, plates, hinges, wheels, panels, shelves or any portion of the product which is glass.
(i) Rust or the effects of rust.
(j) Repairs or attempted repairs of the appliance by any person other than JD Group or its authorized repairers.
(k) Any modification of the appliance by any person other than JD Group or its authorized repairers.
(l) Parts or items of the appliance which are expected to wear out before the extended warranty period expires, including but not limited to, batteries, filters, disposable bags, rubber or plastic hose pipes, drive or fan belts, fuses and/or light bulbs cartridges, toners or ribbons.
(m) Fire, food, war, civil disturbance, industrial action, acts of God or any other causes beyond the reasonable control of JD Group.
(n) Any defect arising out of the design of the appliance.
(o) Any defect caused by lightning strike or power surges.
(p) Blown or damaged speakers arising from misuse.
(q) Any damage caused due to the use of generic or re-filled cartridges.
(r) Any loss or destruction of, or any damage to any property whatsoever, or any loss expense whatsoever arising there from, or any consequential loss or any liability of whatsoever nature directly or indirectly caused by or contributed to, by or arising from ionizing, radiation, or contamination by radioactivity from any nuclear fuel or any nuclear waste from the combustion of nuclear fuel. Combustion shall include any self-sustain process of nuclear fission or any loss, destruction, damage or disability directly or indirectly caused by or contributed to, by or arising from nuclear weapons material.
6.4.7 In the case of cameras, the warranty does not apply to any accessories, batteries, charges, attachable lenses, or additions that do not constitute the camera's main body. In addition, remotes are not covered for TV's; Hi-Fi's, VCR's or DVDs.
6.4.8 The following will NOT be regarded as defects and cannot be returned:
6.4.9 Faults resulting from normal wear and tear.
6.4.10 Damage arising from negligence, user abuse or incorrect usage of the product.
6.4.11 Damage arising from electrical surges or sea air corrosion.
6.4.12 Damage arising from a failure to adequately care for the product.
6.4.13 Damage arising from a failure to adequately care for the product.
6.4.14 Where the specifications of a product, although accurately described on the website and generally fit for its intended purpose, do not suit you.
6.5 Kindly refer to the manufacturer’s documentation, packaging and website to review the specific warranty terms, conditions and exclusions.
6.6 In addition, JD Group will not be liable for the costs of:
6.6.1 Maintenance, including cleaning, clearing of blockages and overhaul, insect infestation or paper jams.
6.6.2 Work covered by the manufacturers’ recall of the appliance;
6.6.3 Call out charges where the breakdown is not covered by the extended warranty.
6.6.4 Material or labour which is recoverable from the manufacturer or any person who may be held responsible in terms of any other guarantee or warranty.
6.6.5 JD Group will not in any circumstances be liable for any consequential loss or damages suffered by the customer whether directly or indirectly related defect in the appliance to the extent permissible by law.
6.6.6 Repairs may not be effected without prior authorisation from JD Group.
6.6.7 In the case of an authorised repairer being called out for a fault covered by the warranty, the supplier shall pay the repairer for all labour and materials supplied in terms of the warranty, while the customer shall be liable to pay the repairer all other charges, including but not limited to the call out charge should no defect be found in the appliance.
6.6.8 The repair will be carried out in terms of the warranty within a radius of sixty kilometres from the appointed service agent’s premises. Should the repairer be required to travel beyond this radius, the customer will be charged at the prevailing AA rate per kilometre.
6.6.9 JD Group authorised repairers reserve the right not to do house calls in areas where their personal safety may be at risk.
6.6.10 Warranty does not cover computer software.
6.7 Products that qualify for Returns:
If the wrong item was delivered or the item is missing parts or accessories or the item is damaged according to the specifications on the website:
(s) Please notify us by completing the return request here {link} and we will collect the product from you at no charge.
(t) Once we have inspected the product and validated your return:
(i) We could credit your account with the purchase price of the product;
(ii) Refund the purchase price;
(iii) Deliver a replacement product.
(u) The below products will be assessed at the delivered premises:
(i) Beds and Furniture.
(ii) Large appliances (Fridges / stoves / washing machines and tumble dryers.
(iii) TV’s larger than 40cm
6.8.1 If the item is found to be defective after the first 6 months from date of purchase but within the manufacturer’s warranty:
(a) If goods are defective after the first 6 months from the date of purchase as indicated on your proof of purchase but still within the manufacturer’s warranty as indicated on your warranty documentation, you may return the goods for a repair by completing the return request here
(b) We will return the unit on your behalf to the manufacturer, supplier or service provider to provide a warranty repair, if valid, and redeliver the repaired or replacement item to you at no additional charge.
(c) The below products will be assessed at the delivered premises:
(i) Beds and Furniture.
(ii) Large appliances (Fridges / stoves / washing machines and tumble dryers).
(iii) TV’s larger than 40cm”.
7.
PROCESSING REFUNDS
Refer to point 6.8 above. Refunds can take up to 10 days to reflect in your bank account. Should you not receive your refund within 10 days, kindly contact us.
8.
PRODUCT RETURNS ON GIFT VOUCHERS AND COUPON PURCHASES AND GIFT CARDS
JD Group caters for Gift Vouchers & Coupon purchases, a Coupon could include a fixed discount amount such as R100 off or a percentage discount such as 10% off.
8.1 Returns that involve a Fixed Coupon purchase
8.1.1 Where a Fixed Coupon was used to pay for an order (or part thereof), and the order gets cancelled or returned as per the Returns Policy, the value of the Fixed Coupon will be deducted off the purchase price of the cancelled or returned product(s) (as applicable), and a coupon code will be issued for the balance, or refund you if that is your preference. We will also provide you with a replacement Fixed Coupon of the same value as the original Fixed Coupon used. We may impose restrictions on the use of the replacement Fixed Coupon. For any subsequent cancellations or returns arising out of the same order.
8.2 Returns that involve a Percentage Coupon purchase.
8.2.1 Where a percentage Coupon was used to pay for an order (or part thereof), and the order gets cancelled or returned as per the Returns Policy the value of the Percentage Coupon will be deducted off the purchase price of the cancelled or returned product(s) (as applicable), and a Fixed coupon code will be issued for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Coupon of the same value as the original Percentage Coupon used. We may impose restrictions on the use of the replacement Fixed Coupon. For any subsequent cancellations or returns arising out of the same order.
8.3 Returns that involve a Gift voucher purchase.
8.4 Where a Gift voucher was used to pay for an order (or part thereof), and the order gets cancelled or returned as per the Returns Policy, we cannot refund you in cash for that portion of the purchase price which you paid using the Gift Voucher, a new Fixed coupon or replacement Gift voucher will have issued Gift Cards
8.5 Electronic Gift Cards
An electronic Gift Card is an email version of the physical Gift Card and the same terms and conditions apply. In addition to the following;
8.5.1 Should you not utilise the full value of your Electronic Gift Card on your first purchase, the balance will be transferred to a physical gift card.
8.5.2 The Electronic Gift Card cannot be topped up nor be emailed (transferred) to a third party.
8.5.3 Should the Electronic Gift Card be deleted or the Customer’s cell phone is lost/stolen, JD Group will be not being liable for any reimbursement of any nature. An SMS can be resent, but only to the original number.
8.5.4 The usage of the Electronic Gift Card is solely at the risk and discretion of the Customer.
8.5.5 JD Group will not be held responsible for any cellular network service operator's delay in forwarding an Electronic Gift Card to you.
8.5.6 The Electronic Gift Card will only be accepted if a valid Electronic gift card number in SMS format is presented to the Cashier. The Gift Card may not be;
(a) Exchanged for cash; or
(b) Used for the payment of an account;
(c) No cash change will be given on purchases made with the Gift Card.
8.5.7 Physical Gift Cards
(a) The Gift Card carries no value unless money is loaded onto the card electronically. The Gift Card may be used to purchase from JD Group. Purchases will be deducted from the balance on the Gift Card until there is a zero balance, however the value of the Gift Card balance may be increased at any stage. The Gift Card balance may be checked online or through the JD Group’s call centre on 0800 111 081. The balance as reflected on the JD Group system will be considered binding. All transactions will be honoured to the maximum value of the Gift Card.
(b) The JD Group Gift Card is valid for a period of 3 (three) years from date of activation or upon full redemption thereof, whichever occurs earlier. However, where the balance of the Gift Card has been increased then it will remain valid for a period of (3) three years from the date of top-up or upon full redemption thereof, whichever occurs earlier – irrespective of the date of activation.
(c) JD Group, its owners and its duly appointed agents will not be held liable for damage, loss, theft or copying of the original Gift Card, and it will not be held liable for any form of reimbursement or compensation of any nature whatsoever.
8.5.8 You are responsible for the safekeeping of your Gift Card. Keep your Gift Card in a safe place because, if stolen, it may still be used to make purchases by the third parties. Lost or Stolen Gift Cards will not be replaced or refunded. However, should you be in possession of the gift card number, you can call the JD Group call centre on 0800 111 081 to report it lost or stolen, we will then block the remaining amount on the Gift Card and transfer it to another Gift Card, available when you next visit the JD Group website.
9.
PROMOTIONS
9.1 These Terms of the promotional offers together with the JD Group Standard Terms and Conditions www.jdgroup.co.za set out the terms and conditions that will apply when you place an order through the JD Group operated website only, you purchase goods advertised as part of a promotion. Please note that the terms and conditions that apply to promotional offers differ in certain parts from the terms and conditions that apply to other products. We will explain later such differences in these Terms. If you cannot understand or have questions about these Terms, please contact JD Group on 0800 111 081. Please note that these Terms are subject to change, so review and save or print a copy of the current terms and conditions before each order that you submit.
9.2 The Promotion is the sale of certain, for the advertised specific period, whereby the advertised goods will be sold at a discounted price for that specific period.
9.3 The Promotion starts at JD Group on the advertised and advertised day at 08:00 am and ends on the advertised and mentioned day at 00:00 pm. We will accept no purchases after midnight on the advertised and mentioned day.
9.4 You will need to be logged into the JD Group website to use the promotion.
9.5 Because of the stock quantity, each customer may be limited to purchasing one product using a promotion.
9.6 Prices will return to their standard price on the expiry of this promotional offer or should the limited stock be sold-out.
9.7 JD Group will not, however, change the price, availability or description of any product after we have accepted an order and cannot guarantee the performance of any third party and shall not be held liable for any act or default by a third party.
9.8 JD Group reserves the right to restrict and/or decline sales to traders and dealers. The online purchase price has been reduced only for the purpose of this online promotional offer.
9.9 Bundle deals:
9.9.1 JD Group may offer bundle deals for sale during promotional periods. Each Bundle Deal will consist of 2 (two) or more products that are packed or advertised together at one specified price.
9.9.2 Any saving or discount resulting from purchasing a Bundle Deal instead of its component products separately may be applied to any of the component products individually in our sole discretion. The actual purchase price (after applying any applicable saving or discount) of each component product will be communicated to you upon checkout and reflected in your order history.
9.9.3 A Bundle Deal should be distinguished from a pre-packed bundle compiled by our supplier and supplied to us as a single unit (“Hard Bundles”). Any saving or discount in respect of a Hard Bundle will be applied only to the total bundle price and not to the prices of the individual component products.
(a) Participants of this promotion agree that JD Group will, subject to prevailing law, have no liability for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of the promotion, or participation in this promotion.
(b) If they deem any provision or part of these rules void or otherwise unenforceable in law, then that provision or part shall be deemed excluded and the rest of these Rules shall remain in force.
(c) Any violation of these rules will cause the immediate disqualification of the transgressing participant from the promotion.
10.
DISPLAYING OF PRICES
All pricing displayed on the website is inclusive of the current South African VAT, in South African Rands, and are subject to price changes and may change with no warning or notification. Please note that all prices displayed exclude the cost of delivery. JD Group takes the utmost care to ensure that the displayed prices are correct. Where a price is advertised in error and we have taken reasonable steps to rectify the error, such promotional pricing will not be honoured. If a mistake is made or we display the incorrect price, we will correct this as soon as we are made aware of the incorrectly displayed price.
Special Order Goods that are specifically procured, created or altered to satisfy your requirements will incur additional costs and will be subject to a reasonable cancellation charge in the event of the cancellation of the order in accordance with the Consumer Protection Act.
11.
CURRENCY,PAYMENT METHODS AND TRANSACTIONAL SECURITY
11.1 We conduct all transactions in South African Rand (ZAR) through PayU Payment Solutions (Pty) Ltd (“PayU”). When PayU processes a transaction for you via any of their secure payment web services, the transaction is encrypted. The PayU security policy can be found at https://www.payu.co.za/faqs/security.Please also read the PayU Terms and Conditions, at https://www.payu.co.za/legal. By submitting a sales order through any of the JD Group website services, you warrant that you are acting within the bounds of the law and that you have the legal capacity to transact or have the mandate to transact to do so. This includes that you have got the express permission (indemnity) of the person and or business whose information you are submitting/using through any of our services and that you are not in breach of the Consumer Protection Act or National Credit Act, or any other applicable legislation. You indemnify JD Group, its Members and employees from any claim and/or liability from any third party arising out of your instructions and/or use of the service(s).
11.2. JD Group makes use of Secure Citizen as an integrated third party solution during the checkout for credit transactions.
11.2.1 This is to ensure that you, the customer, authenticates and approves the transaction, you consent to Secure Citizen processing your personal information and communicating with you for this purpose. In order to authenticate, you will be required to complete facial biometric matching via a “selfie” which is taken by you, sent to Secure Citizen and verified against your image that is housed at Home Affairs.
11.2.2 All transactions processed through Secure Citizen are encrypted. The Secure Citizen security policy can be found at https://securecitizen.co.za/terms-conditions. Please also read the Secure Citizen Terms and Conditions, at https://securecitizen.co.za/privacy-policy/. Please also read the Secure Citizen Terms and Conditions.
11.2.3 By submitting a credit transaction through any of the JD Group website services, you warrant that you are acting within the bounds of the law and that you have the legal capacity to transact or have the mandate to transact. This includes that you have got the express permission of the person and/ or business whose information you are submitting/using through any of our services. You therefore indemnify JD Group of any loss that might occur in respect of your use of the online payments solutions available. In addition, you warrant that you are not in breach of the Consumer Protection Act or National Credit Act, nor any other applicable legislation.
11.3 You indemnify JD Group, its Members and employees from any claim and/or liability from any third party claim arising out of your instructions and/or use of the service(s).
11.4 JD Group accepts the following payments on its website:
11.1 Credit Card payments: Only South African issued (Visa and Master) credit cards are accepted for online payments. We may require additional information to verify the validity of the payment. On completing the purchase cycle, we send the sales details to the bank. If payment is unsuccessful or the bank does not authorise, we cannot meet your purchase cycle.
11.2 Other payment methods:
11.2.1 Bank Deposits and Electronic Funds Transfer:
Should you select to pay via a bank deposit or Electronic Fund Transfer, on completion of your order instruction will be emailed to you regarding the method in which monies must be deposited in JD Group’s account subject to the following Terms and Conditions:
11.2.2 EFT Pro: the full amount must be paid as per your order request within 48 hours of placing your order. We will cancel your order should you fail to deposit/transfer the funds within 48 hours of placing your order. The EFT must be in SA Rands (ZAR) only (no other currency will be accepted). JD Group cannot be held liable for any delays, errors, fees, bank-affiliated fees/admin charges and currency fluctuations. PayU EFT Pro only facilitates the transaction between you and your bank. The terms and conditions existing between you and the Bank still apply.
11.2.3 When paying using PayU EFT Pro, the communication process between you and your bank shall occur as it would when you are conducting an EFT with the Bank. It will redirect you to the online banking login screen and it will prompt you to log in with your online banking credentials. You will receive a one-time pin (OTP) which you would need to enter to confirm your payment.
11.2.4 It requires registration with 3D Secure when shopping online with us as a 3D secure merchant. No username and password to remember anymore. You will now receive a one-time pin (OTP) instead that will only be valid for one transaction when shopping at a 3D Secure merchant, protecting your Credit Card against fraudulent online use. We all love the convenience of shopping online but concerned about the risks that may be involved. Therefore, we at JD Group deploy technology, such as 3D Secure, which will protect you while you shop.
11.2.5 PayU does not store any online banking login details. The Delivery timeframe is relative and depends on the time and date of the successful EFT Pro confirmation (please refer to our delivery timeframes & T&Cs for info). As we do not store your banking details when conducting an EFT Pro, should you request a refund, we will require you to furnish your Bank account details again.
11.2.6 For a direct deposit, the deposit must be in cash and SA Rands only, (no other currency will be accepted).
11.2.7 No cheque deposits are accepted.
11.6.2 CFS facilitates the credit transaction. The terms and conditions existing between you and CFS still apply. The Delivery timeframe is relative and will depend on the time and date of the successful confirmation. refer to our delivery timeframes & Ts&Cs for more information.
11.1 JD Group reserves the right to prevent suspected fraud, to refuse to accept or process the payment of any order, and/or to cancel any sale concluded between you and JD Group, in whole or in part, on notice to you. JD Group shall only be liable for refunding monies already paid by you (see JD Group’s Refund Policy in point 26 in this regard) and accepts no other liability which may arise as a result of such refusal to process any order/sale. You are privy to our Terms and Conditions that we conduct all transactions in South African RAND (R) (ZAR) through PayU Payment Solutions (Pty) Ltd. When PayU Payment Solutions (Pty) Ltd processes a transaction for you via any of their secure payment web services, the transaction is encrypted.
11.6.3 VISA Checkout:
(a) Please carefully read the Visa Checkout terms of service ("Terms") on www.visa.co.za before using this as a payment method. By registering and creating a VISA CHECKOUT ACCOUNT, you have acknowledged that you understand and agree to all of the terms and have clicked an "I Accept" button or an equivalent indicator with regards to the use of Visa Checkout. Please refer to www.visa.co.za for a full set of VISA CHECKOUT terms and conditions.
(b) By using VISA CHECKOUT as an online payment method, you agree to the following terms and conditions:
(a) Any queries relating to your VISA CHECKOUT account, statement or unlawful payments will be directed to VISA CHECKOUT and not JD Group.
(a) JD Group is in no way obliged to assist, direct or manage any VISA CHECKOUT concerns, issues or general information requests and no such requests will be entertained.
(b) VISA CHECKOUT returns and exchanges will be dealt with in the same way as any other product return. Please refer to our Returns Terms and Conditions.
(c) JD Group cannot be held liable for the time it takes for your OTP that is required for 3D Secure payments, and is in no way obligated to honour any promotional and or limited stock products should these be sold out after your application is approved. For limited stock promotions we recommend that if you are not an existing VISA CHECKOUT user to please select a different payment method.
12.
DELIVERY
12.1 Unless otherwise specifically stated or specifically agreed to, the delivery charges will be for your account irrespective of whether bought for cash or on credit.
12.2 JD Group delivers within the borders of South Africa only.
12.3 The Delivery timeframe is relative and will depend on the time and date of the successful JD confirmation of transaction.
12.4 The Delivery option only commences once the order has been verified and settled in full.
12.5 An order will only be settled once payment has been received and "Verified".
12.6 Deliveries are door to door and must be a physical address within the borders of South Africa and not a Post Box. We do not deliver to any postal addresses, such as delivery to a post box or any post office. Please ensure all delivery details, including the postal code, are accurate, as you will be liable for all additional handling and shipping charges resulting from such errors.
12.7 ID may be requested upon delivery.
12.8 A delay of up to 24 hours may be experienced on shipments to or from any Outlying Delivery Areas.
12.9 We will notify you of any delivery delays should we need to source a product. Refer to our refund process on clauses 6 and 7 should you opt for a full refund.
12.10 Force Majeure inclusive of government regulations, unrest, protest, load-shedding and system errors might cause a delay in delivery timeframe.
12.11 Failed Delivery:
JD Home to advise how we verify if it is delivered to the right consumer.
12.12 Force Majeure, inclusive of government regulations, unrest, protest, load-sheddingand system errors, might cause a delay in the delivery timeframe.
12.12.1 We will notify you of a failed delivery for example where no one was at the specified delivery address to receive and sign for the goods at the time of delivery. We will attempt to reschedule the delivery with you within 24 – 48 hours and additional costs will be incurred.
12.13 Goods shipped in error /Incorrect goods delivered:
12.13.1 In the unfortunate event that you receive a delivery whereby the goods delivered to you do not match your products or its quantity as per your waybill/purchase order, you agree to notify us immediately upon receipt of such delivery to have the incorrect goods collected and the correct goods delivered to you. . This can be done through the “My account” section on the website.
12.14 Damaged goods delivered:
12.14.1 In the regrettable event that you receive a damaged, faulty or incorrect product, please notify us within 24 hours of receipt of delivery on 0860 459 459 or (insert respective email address). We will do our best to have the damaged product collected and a new product delivered to you within a maximum of 48 hours (weekdays only).
12.14.2 We request that you inspect your goods prior to signing the delivery document and ensure all goods are received in good working order and free of any damage.
12.14.3 If you see any inconsistencies, please ensure the delivery document is endorsed accordingly and reject your delivery.
12.15 Delivery Prices:
12.15.1 Delivery prices may vary and are determined by:
(a) Location within major centres or outlying Delivery Areas.
(b) Type of delivery. (Normal order, special order, customer order).
(a) Weight and dimensions of the total purchase order.
12.15.2 In the event of special delivery deals, the price of the product or total purchase order value could determine the delivery rate.
12.15.3 The price of your delivery is calculated automatically and will be displayed before the payment process, in the shopping cart and at checkout.
12.15.4 Delivery periods important to note:
12.15.5 (a) Delivery service will start on payment confirmation received (or only after requested supporting documents like a T.V. License verification and a copy of an I.D.) have been received.
12.15.6 (b) Delivery periods will be effected within the selected delivery type timeframe, after collection from the point of dispatch and between Major Centres from Monday to Friday.
12.15.7 (c) We deliver from Monday to Friday from 08:00 to 17:00 to both business and residential addresses. No deliveries take place on a Saturday or Sunday or any other Public Holiday. We may request identification upon delivery. Major centres include any destination within a 50km radius of the following cities: Pretoria, Johannesburg, Bloemfontein, Cape Town, Port Elizabeth, East London, Durban and Pietermaritzburg. Delivery to the major centres is usually within 5 working days. Other areas may experience delays because of airline constraints.
12.15.8 (d) We will make every reasonable effort to deliver the goods to you as soon as possible after receiving the full purchase price of the goods.
12.15.9 (e) We cannot be responsible for failure to perform or to deliver or delays in performance or delivery due to circumstances beyond our control (“force majeure”.) We will not be liable to you for any loss arising from any failure or delay in performance or providing the goods resulting from “force majeure” events. We will use reasonable attempts to continue to perform in terms of this Agreement as soon as performance becomes possible.
12.16 (f) We may contact you to agree on alternative dates for delivery but will not require you to accept delivery at an unreasonable time.
12.16.1 (g) You understand and agree that the goods, as set out in the Schedule to Agreement, are identified and described by style, make, model, kind, design or category (“Type”). This does not mean that we set aside specific goods for the duration of the Lay-by agreement but that we deliver that Type to you after receipt of the full purchase price for the goods.
12.16.2 Cater for lay by in clause 12
12.16.3 JD Home to confirm if there’s Layby for online purchases. If for reasons beyond our reasonable control, we cannot deliver that Type to you, we will, at your option:
(a) Supply you with an equivalent quantity of goods that are comparable or superior in description, design or quality; or
(b) Refund to you the amounts deposited with us for the goods, with interest, under the Prescribed Rate of Interest Act 55 of 1975.
(c) It is your responsibility to provide us with the correct delivery address before delivery of the goods.
(d) Any delivery dates provided to you in connection with your order are estimates. Although the aim is to provide you with as accurate estimates as possible, JD Group cannot promise that they are accurate.
13.
TRANSFER OF RIGHTS
13.1 Unless you have got our prior written consent, it will not entitle you to cede, delegate, assign or transfer all or any part of your rights or obligations under this Agreement.
13.2 You allow us and agree that we may cede any part or all of our rights under this Agreement or transfer any part or all of our rights or obligations (whether by delegation or assignment) under this Agreement to any third party. You further agree that it shall not be necessary for us to provide prior notification to you in the event of any such cession or transfer.
13.3 The product that is delivered to you will become your property at the time that you receive it, provided that JD Group has received full payment for the product. As soon as JD Group has delivered the product to you, you will become responsible for it and any loss or damage to it thereafter.
14.
iNFORMATION SECURITY POLICY
14.4 You agree to keep your information safe and to not disclose it to any unauthorised third party. You further agree that we cannot be held liable for any damages or loss sustained by you because of such information becoming known to third parties, whether through your actions or fraud, malware or phishing.
14.5 We reserve the right to suspend any account that we believe may have been compromised accordingly.
14.6 You must notify us immediately if you believe that we have processed your information without your permission. You can contact us on our call centre number or e-mail address as per the details in clause 15 below.
15.
LAW AND JURISDICTION
15.7 In terms of the Electronic Communications and Transactions Act of 2002, as amended, (“ECTA”) these Ts&Cs are binding and legally enforceable against you.
15.8 All transaction/s are governed by the laws of the Republic of South Africa, irrespective of whether you are South African or are accessing our website outside of the Republic of South Africa.
15.9 We do not sell any products via this Quick On-Line Credit App, and ECTA relating to electronic transactions do not apply regarding the Quick On-Line Credit App.
15.10 You may resolve any dispute that may arise between us and yourself as per details in clause 15 below.
15.11 Subject to the legislation and rules, we may, from time to time, update or change these Ts&Cs. We recommend that you read these Ts&Cs every time you access and use our website. Amended Ts&Cs will bear a different version number on the footer of each page and will supersede and replace any previous Ts&Cs.
15.12 No indulgence or extension of time that either you or us may grant to the other will make up a waiver or, limit any existing or future rights of the grantor in terms except if the grantor has signed a written document expressly waiving or limiting such rights.
15.13 We are entitled to cede, assign and delegate all or any of the rights and obligations in terms of these Ts&Cs without notice to you.
15.14 All provisions of these Ts&Cs are, notwithstanding how they have been grouped or linked grammatically, severable from each other. Any provision of these Ts&Cs which is, or becomes unenforceable, whether because of being voided, rendered invalid, illegal, unlawful or for any other reason whatsoever, shall, only if it is so unenforceable, be treated as not having been written and the remaining provisions of these Ts&Cs shall remain in full force and effect.
15.15 This Agreement is governed by the laws of the Republic of South Africa.
15.16 You agree that the JD Group may bring legal proceedings against you relating to this Agreement in any Magistrate’s Court that has jurisdiction, even if the amount of the claim may exceed the jurisdiction of that court. This does not prevent the supplier from bringing legal proceedings in a High Court that has jurisdiction.
16.
CONTACT DETAILS
The following contact details are hereby disclosed:
| Regulator |
Contact No |
Email(if applicable) |
| Customer Care |
010 211 1120 |
[email protected] |
| Credit Ombudsman |
086 1662 837 |
|
| National Credit Regulator |
086 062 7627 |
|
| Credit Bureau |
086 1128 364 |
|
| CGSO |
0860 000 272 |
|
16.1 Address for Notices and Legal Processes:
16.1.1 You agree to accept any notice and legal processes under this Agreement at the address recorded in the Schedule. (This address is known in law as your domicilium citandi et executandi or domicile address).
16.1.2 We choose, as our domicile address where you must deliver all notices and legal processes, Marlboro House,6 Eastern Service Road, Eastgate, Sandton 2090.
16.1.3 If you want to change the address where you agree to accept notices and legal processes, then you must send us a notice in writing by registered post. The notice must:
(a) Inform us you are changing your address; and
(b) Set out the new address at which you agree to accept notices.
(c) Any new address must be a physical address in the Republic of South Africa.
(d) If we send a notice to you:
• by prepaid registered post to your address, we will treat it as if you have received it 7 (seven) days after posting; and
• By hand, we will treat it as if you have received it on the date of delivery.
(e) When we treat a notice as if you have received it by a certain date, it means that we do not have to prove that you received it then. If you claim that you did not receive the notice by that date, then you will have to prove it.
17.
TELEVISION LICENSE
17.1 JD Group requires you to produce a valid TV license and ID document when purchasing a TV. In terms of the Broadcasting Act and Television License Regulations, license holders are required to note and/or comply with: Statutory obligations of a television license.
17.2 A television license is valid only at the permanent address reflected on the license.
17.3 A person purchasing a television set must have a valid (paid-up) TV license.
17.4 You may not purchase a television set using someone else’s TV license.
17.5 When taking out a domestic/household television license for the first time, we require a person to provide his/her details: surname, initials, a copy of an ID document, fixed address and contact details.
17.6 When renewing a television license, we require a person to present an existing license, a copy thereof, or a renewal notice.
17.7 A license holder must notify the SABC, in writing, of a change of address within 30 days.
17.8 A television license is not transferable from one license holder to another except between spouses or between unmarried “life partners” in a permanent relationship or upon the death of a husband/wife or partner.
17.9 A single domestic television license is required per household regardless of the number of TV sets, provided that all sets used are at the license holder’s residential premises.
17.10 JD Group requires a separate domestic television license at the full annual tariff for an additional TV at a new residential property (e.g., a holiday home) since it involves a different physical address.
17.11 “Family members of a television license holder”–defined as all persons who are permanent residents with the license holder, and; depend on him/her, and are owed a legal duty of support by the license holder–are covered by a single TV license in his/her name. A person has to meet all three conditions to be covered by a household’s TV license. Such domestic license covers a license holder and his/her immediate, dependent family members–with a married couple, a husband/wife and his/her dependent, minor children. Adult (non-dependent) children or more distant relatives–such as adult children, parents/ grandparents, brothers/sisters, uncles/aunts–or boarders or lodgers sharing a family’s home, are not defined as family members. They are separately liable for television sets in their possession and/or used by them.
18.
OWNERSHIP AND CONTENT
18.1 All materials published on the JD Group website are protected by copyright and owned or controlled by JD Group or the party accredited as the producer of the content, software or other material. We shall construe nothing in these terms and conditions of use as conferring by implication or otherwise, any license or right under this copyright, trademark, database right or other intellectual property or proprietary interest of JD Group or any third party. All logos, names and trademarks, which appear on the website are the intellectual property of JD Group or are used by JD Group under license. JD Group will prosecute any violation of intellectual property rights to the fullest extent that the law permits. We prohibit reproduction of part or all of the contents in any form other than strictly for individual use.
18.2 JD Group will deal with your personal information in terms of the privacy policy: https://www.jdgroup.co.za/privacy-policy.You consent to the aforesaid use of such information. By submitting information, you agree that JD Group may publish the information, use it as part of its operations, and incorporate its concepts in JD Group goods or for any other purposes, which JD Group considers necessary, without liability.
19.
MOTHER'S DAY COMPETITION
19.1 When you visit or transact on the JD Group Website, you consent to electronically receive communication from JD Group. You agree that all agreements, notices, disclosures and other communication sent by JD Group satisfy any legal requirements, including but not limited to the condition that such communications should be "in writing". However, you can opt-out of each cookie category (except strictly necessary cookies) by clicking on the "cookie settings" button or disable cookies in your web browser.
19.2 JD Group ensures that the goods are fit for the purpose for which you want to buy them and are in excellent condition and free of any form of defects before you take delivery of the goods. It is the customer's responsibility to ensure, before delivery, that the goods listed on the till slip or your purchase order correspond in description, price and quantity with the goods purchased. You agree to adhere to the user/manufacturer's instructions and ensure that you make yourself aware of all product warnings and safety instructions before installing or using all products purchased from JD Group. In addition, you are to keep proof of any repairs conducted and allowed by JD Group and proof of purchase on all returned goods.
19.3 You must make sure of all measurements and sizes before purchasing your goods, as we will not replace or refund you if the goods do not fit into the intended location or through a door.
19.4 The onus is on you to advise us if the goods are for a particular purpose when entering the transaction, and we cannot be held liable if you have not advised us of the goods particular purpose.
19.5 JD Group provides the website “as is” and “as available” and to the extent permissible by law disclaims warranties including but not limited to a warranty of title, merchantability, non-infringement, fitness for a particular purpose and that the website is free from defects, uninterrupted and error-free. While JD Group attempts to provide accurate and timely information, JD Group cannot guarantee this. JD Group may correct and change the website if required. The JD Group goods and services described on the website are available in RSA through the JD Group distribution network.
19.6 Although JD Group has tried to display the goods and their colours as accurately as possible, the displayed products and colours of the products will also depend upon your equipment and JD Group cannot guarantee that your equipment will display an accurate representation of the actual goods or their colours. JD Group will not be liable for any other website provided by any third party. It does not include all accessories shown with products for presentation in the price, nor are such products guaranteed to be available for sale by JD Group. In the event of delivery delays or out-of-stock situations, we will notify you and we will do our very best to ensure a speedy fulfilment.
19.7 Image Disclaimer: Where products are displayed with compatible devices, we will not include these devices as part of the sale price unless specifically identified as part of a product bundle. In all other cases, we show images to display products within a lifestyle setting and do not include part of a sale’s proposal including any said devices or lifestyle additions.
20.
LIMITATION OF LIABILITY
20.1 JD Group is to be exempted from any liability due to a customer failing to provide accurate registration information, or a customer failing to view special warnings, etc.
20.2 Subject to applicable law, you agree to indemnify, defend, and hold JD Group harmless against any claim or liability (including attorneys’ fees) arising out of your use of the website.
21.
BREACH
JD Group may immediately terminate use of and access to the website if you breach the terms. This will be without prejudice to any other remedies and rights that we may have in terms of the law, including but not limited to claims for specific performance and damages. Save for certain exceptions which is applicable but not limited to (Software, Games, Music, and DVDs) and subject to certain charges.
22.
PAIA MANUAL
You may view our PAIA manual on:
POPIA_ Take Action_ Incorporate External Privacy Statement target.
Data Subject Access Request Process:
The Data Subject Access Request procee to be followed as outlined in clause 3 of the Data Subject Request Policy.
Contact details of the liaison person:
| Liaison Person |
Contact details |
Email address/th>
|
| Ankia van der Pluym |
+27 (11) 718 6153 |
[email protected] |
23.
CREDIT SALES PROMOTION
1.This is a promotional offer (“Promotion”) as defined in the Consumer Protection Act no 68 of 2008 (CPA), as amended from time to time. This Offer is subject to the National Credit Act no 34 of 2005 and Regulation and to the participant’s acceptance of the Terms and Conditions (Ts & Cs) set out herein.
The participant acknowledges that the participant has read and understood these Ts & Cs. These Ts & Cs will govern the Offer from any Bradlows, Russells, Sleepmasters, Rochester, Incredible Connection and Hi Fi Corp or any Company to whom the Company has ceded the rights and obligations.
2. Promotion:
This promotion is sponsored by the Company, Connect Financial Services (Pty) Ltd, a registered Credit Provider (NCRCP11158).
3.Promotion Period:
3.1. The Promotion will run from 1st of July 2021 7:00 to 30th Sep 2021 at 23:59. (“the Promotion Period”).
3.2. The Company reserves the right, in its sole discretion and to the extent permitted by law, to amend these Ts & Cs, at any time.
3.3. The Promotion is not transferable nor convertible into cash nor substituted in any manner except as permitted by law.
4. How to qualify:
The participant must have:
4.1. A valid account, in participant’s capacity.
4.2. Instore tent cards and Web notice from the Company inviting the participant to participate in the promotion.
4.3. Inviting customers to participate in the promotion , all customer who applied and has an approved credit application during the promotion period, will qualify for the lucky draw conditional to the first instalment paid by close of business every month to qualify. In addition, Participants would get an additional entry into the draw for every R10,000-00 value of their credit application
4.4. The winner consent to his/her name made public at the discretion of the Company.
4.5. These Ts and Cs do not negate the participants’ obligations to continue making the required payments. Note that these Ts & Cs do not replace the Ts & Cs of the Credit Agreement.
4.6. Each qualified participant will be entered into the draw, irrespective of the number of credit agreements applied for.
5. The Offer:
5.1. This Promotion is conducted in the ordinary course of business and is open to all existing customers who meet the qualifying criteria.
5.2. The draw date shall be the 18th October 2021 and an internal auditor will observe the draw.
5.3. The winner will be notified by SMS or a telephone call by the 20th October 2021.
5.4. The prize will be forfeited at the discretion of the promoter if the prize remains unclaimed after the stipulated dates.
5.5. The Company will not be liable for the technical failures relating to this Promotion that may result in an entry not being successfully submitted.
5.7. Promotion is not redeemable in conjunction with any other promotions by the Company.
5.8. This Offer is open to all customers that received an SMS, in-store promotion or web notice, above the age of 18, who are in possession of a valid identity document. Employees, agents or consultants or any other person who directly or indirectly controls or is controlled by the Company in respect of this Offer or the spouse(s), life partners or immediate family members cannot be a participant in this Promotion.
5.9. If the Company has not strictly enforced these Ts & Cs, the participant may not assume Ts & Cs have been waived or altered by the Company. These Ts & Cs will still apply, and the Company has right to enforce any of these Ts & Cs. Errors and omission may be accepted at the Promoter’s discretion.
6. The Prize
The winner will stand a chance to win:
6.1. First Prize Contribution towards the account of the customer to the value of R10 000. If the nominated account balance is less than R10 000, the difference will be issued to the customer as a Gift voucher of the respective brand and valid for 6 months from the date of issue, refer to the brand website for gift voucher Terms and Conditions.
6.2. Second Prize In-house brand TV to the value of R5000.
6.3. Third Prize In-house brand Microwave to the value of R2000.
7. General
7.1 By entering into the Promotion, a Participant consent to the Promoter sending promotion material during and after this promotion, in accordance with the Protection of Personal Information Act (“POPIA”).
7.2 Participants of this Promotion are voluntarily providing their personal information as envisaged by POPIA to the Promoter, its associated agencies and the third party service providers running the promotion in conjunction with the Promoter.
7.3 By entering this Promotion, Participants authorize the Promoter to collect, store and use (not share unless legally required to do so) personal information as envisaged by POPIA of Participants for communication or statistical purposes. Participants are entitled to decline any marketing communication and inform the Promoter in writing should a Participant wish to be removed from all communication.
7.4 The Winner gives consent to participate in marketing activities, including having his/her photograph taken and published on the Promoter’s website or other media.
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1.
INTRODUCTION
Sleepmasters is a brand trading within Pepkor Trading (Pty) Ltd, registration number 1958/003362/07.
These terms govern your use of our website. Access to the services, content and downloads available on the Sleepmasters website may be classified as “electronic transactions” as defined in terms of the Electronic Communications and Transactions Act, Act No. 25 of 2002(ECT Act).
1.1 We provide the Sleepmasters website as a convenience to you. To use the Sleepmasters website for services including but not limited to online shopping, browsing, product information, store locations, subscribing as a user, viewing and managing your account and orders, etc. we may require you to provide your personal information.
1.2 We reserve the right to make changes to the documents and/or other materials contained on this website from time to time without notice. This right also applies to these terms and conditions. Sleepmasters will post the revised terms on the website. You may use the Sleepmasters website for your own personal non-commercial use and not for republication, distribution, sale or other use.
1.3 If there is a conflict of meaning between these website terms of use and any other terms, policies or notices, the specific terms, policies or notices will take preference where it applies to your use of the Sleepmasters website.
1.4 The Terms constitutes the entire agreement between the parties. If any term is void, unenforceable, or illegal, the term will be severed and the remainder of the terms will be effective.
1.5 Unless otherwise specified, the goods and services offered on this site are intended for citizens of the Republic of South African only. The terms will be governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict of law. By you ticking the “I confirm I have read and understand the Terms & Conditions applied to the use of this website” box forms a legally binding agreement between you and Sleepmasters
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2.
DEFINITIONS
In the Sleepmasters website terms of use:
2.1 “terms” mean these website terms of use, any specific terms, the privacy policy and any other terms, policies or notices agreed between you and Sleepmasters;
2.2 “we” or “us” or “Sleepmasters” means Sleepmasters whichever one applies;
2.3 “website” means www.sleepmasters.co.za;
2.4 “Sleepmasters website” means www.sleepmasters.co.za;
2.5 “you” or “user” means any person who visits, accesses or uses the website.
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3.
REGISTRATION AND USE OF THE WEBSITE
As a user, Sleepmasters grants you a limited, non-transferable revocable license to access and use the website subject to the terms and conditions. Your license does not extend to the website’s source code or to the source code of any software or computer program that forms part of the website. You may only use the website for personal use, limited to viewing the website, providing information to the website, downloading product information for your personal review from the website or purchasing goods or services from the website.
You may only use the website if in terms of South African law you have the legal capacity to enter into an agreement.
You may only link to the website by linking to the home page of the website.
3.1 You, the customer, hereby agree and acknowledge that:
3.1.1 You will at all times comply with the requirements of the Law(s); including the National Credit Act of 2005 and the Consumer Protection Act and/or any other applicable legislation (to the extent that it is relevant to the customer for the receiving, compiling and reporting of information. Without limiting the generality of a foregoing, the Customer specifically acknowledges and agrees that, when reporting Personal and other information to Sleepmasters;
3.1.2 Such information will include all mandatory data;
3.1.3 It will have taken all reasonable steps to ensure that the information being submitted is accurate, up-to-date, relevant, complete and valid when submitting such information;
3.1.4 You are entitled to submit the information to Sleepmasters, for the purpose of Sleepmasters making such information available to its associated partners, for the purpose of rendering the services offered, and that such information is not subject to a duty of confidentiality between Sleepmasters and the customer.
3.1.5 As a Visitor or User, you agree that we may electronically accumulate, keep and use the following of your information:
3.1.6 Internet usage information, including your Internet Protocol (“IP”) address, click patterns, browsing habits, version of software installed, system resolutions and type, plug-ins, color capabilities, cookie preferences, language settings, search engine metawords(keywords), JavaScript enablement, unique user ID, the pages and content that you access on the Platform/Website and the dates and times that you visit the Website, paths taken, and time spent on pages/sites within the Website (“Usage Details”); and
3.1.7 Additional information you may provide on a voluntarily, such as demographic information or data related to your favorite social networking site (e.g. the site name, address and description(s)), or information relating to your participation in Sleepmasters competitions, promotions, studies, reviews and surveys, as well as additional services. (“Optional Details”).
3.1.8 Details submitted, when registering or transacting, for the purpose of using the services on the Sleepmasters website. Optional Details may be submitted by you to us if you decide to upload or download certain content (or products) from the Website/Platform, enter competitions, partake in promotions, respond to reviews/surveys, subscribe to or register for specific additional services; or else use any of the optional features and functionality of the Website/Platform.
3.1.9 “Cookies” Information: When you access the Website/Platform, we may send one or more cookies (these are small text files containing a string of alphanumeric characters) to your computer to collect certain Usage Details. Sleepmasters may use both session cookies (which disappears after you close your browser) and persistent cookies (which remain after you close your browser which can be removed manually) and may be used by your browser on subsequent visits to the Website/Platform. Please note the use of cookies is a norm/standard on the internet and many major websites use them. Please refer to your web browser “Help” file to learn more about changing your cookie settings.
3.1.10 when you access the Website/Platform or open one of our HTML emails, certain Usage Details may be automatically collected and recorded by us from your system by using different types of tracking technology.
3.1.11 Our Website may contain electronic image requests (called a “single-pixel gif” or “web beacon” request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner); can act as a web beacon. Web beacons are typically; 1by1 pixel files (very small unnoticeable files), but their presence can usually be seen within a browser by clicking on “View” and then on “Source.” We may also insert web beacons in HTML-formatted newsletters, which we send to “opt-in” subscribers in order to count how many newsletters have been read. Sleepmasters web beacons do not gather, monitor or share any personally identifiable information about our Customers. They are just the technique we use to compile anonymous information about the Website and Service.
3.1.12 Sleepmasters may use any Optional Details provided by you, for such purposes as indicated to you at the time you agree to provide such Optional Details.
3.2 We may use your Usage Details to:
3.2.1 Automatically validate and/or verify your identity; for website and transaction security purposes via Sleepmasters or via a third party service provider;
3.2.2 Automatically provide you with the latest version of the Sleepmasters application on your system;
3.2.3 Remember your information so that you will not have to re-enter it during your visit or the next time you access the Website/Platform;
3.2.4 Monitor aggregate Website usage metrics such as total number of visitors and pages accessed; and
3.2.5 Track your entries, submissions, and status in any promotions or other activities in connection with your usage of the Website/Platform.
3.2.6 Sleepmasters shall take all reasonable steps to protect the personal information of the Users and for this purpose, “personal information/personal details”; shall be defined as contained and detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).
3.2.7 If you are a Sleepmasters website users, you agree that we may also electronically Gather, save and use the following of your information:
3.2.8 Name and surname, birth date, gender, identity number and /or passport number, nationality and country of residence (“Personal Information/Details”);
3.2.9 E-mail address, mobile number, home and delivery address and credit card billing address (“Contact Details“);
3.2.10 the credit or debit card number, cardholder name and expiration date you submit to Sleepmasters website in respect of your credit or debit card(s), (Credit or debit cards)
3.3 Sleepmasters Website Users collects the aforesaid information from you in the following manner:
3.3.1 User-provided Information: Your Personal Information/Details, Contact Details and Debit or Credit Card Details will be provided by you directly to us during your registration as a Sleepmasters website user and/or thereafter by you actively transacting, updating or supplementing such details in your Sleepmasters website users Account.
3.3.2 Sleepmasters uses the information that Sleepmasters website users provide (or that we collect) to operate, validate, verify, maintain, enhance and provide all of the features of the Services, and as may be necessary to comply legally when conducting online payment transactions and related service provided.
3.3.3 We use your Debit or Credit Card Details in order to provide the Services (including the verification thereof when you transact with Sleepmasters) and, should fees be charged for some of the Services and you have selected a credit or debit card as your means of payment therefor, to debit such credit or debit card for such fees owed by you. We use your Personal Information/Details to greet you when you access your Sleepmasters User Account, to manage and administer your use of the Services and fulfill our contractual obligations, including the verification of your identity when you transact with Sleepmasters.
3.3.4 We use your Contact Details to verify your identity and to inform you of facts relating to your use of the Service(s) (e.g. notifications regarding major updates or content you have posted or downloaded from the Website/Platform, customer service notifications, and to address any copyright infringement or defamation issues); as well as to inform you, subject to obtaining your prior agreement, of competitions, promotions and special offers form us and/or any of our partners and/or affiliates.
3.3.5 Any user, who commits any of the offence detailed in section 85 to 88 of the ECT Act 25 of 2002 shall, notwithstanding criminal prosecution, be liable for all resulting loss or damage suffered and/or incurred by Sleepmasters and its partners/affiliates.
3.4 You may not:
3.4.1 Provide any untrue or incorrect information to the website or Sleepmasters;
3.4.2 Modify, copy, decompile or reverse engineer the website or use the website to make derivative copies;
3.4.3 Lease, sell, assign or in any other way distribute the website or any information obtained from the website without the prior written consent of Sleepmasters;
3.4.4 Use malicious search technology, including but not limited to spiders and crawlers;
3.4.5 Frame any pages of the website;
3.4.6 Deep link to any pages of the website in a way to suggest that you are the owner or license of any intellectual property in the website.
3.4.7 Use the interactive sections of the website, for instance forums, clubs, surveys and e-mailing, to post any material which in Sleepmasters discretion is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any laws. Sleepmasters does not have editorial control over the submission of any content to interactive sections of the website. You submit all information, including the publication of pictures and/or articles, at your sole risk and responsibility. Sleepmasters is not responsible or liable for damages or other adverse consequences caused by the use of the submissions.
In line with the Film and Publications Board Act 3 of 2009 (FPB) as amended; to intensify the efforts to protect children from harmful images within the media, including films, exhibitions, games, the internet and other publications, the website is not targeted at children under the age of eighteen (18) and Sleepmasters will not knowingly collect information from users in this age group.
No transaction concluded between Sleepmasters and a person under the age of 18 shall be binding upon Sleepmasters unless written consent thereto is received by Sleepmasters from your parent or legal guardian. Sleepmasters therefore reserves its right to request proof of identity prior to concluding any transaction with you. By your continued use of this website, you warrant that you are 18 years old or older.
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4.
CONCLUSION OF SALES AND AVAILABILITY OF STOCK
4.1. A sales order will only be deemed as completed once you have completed the purchase cycle, an approved payment/order confirmation is received and delivery has taken place. We will confirm your purchase order with you via your specified email. By you placing a product into your shopping cart or adding a product to a wish-list does not constitute a sale nor is such products, its price nor its quantities reserved. In the event that you complete the purchase cycle for such products at a later stage Sleepmasters cannot be liable to honor any Price changes or if such products are not available.
4.2. Sleepmasters shall use reasonable endeavors to make the advertised stock available at the displayed price, for the period specified. To the extent of the expressed stock limitation (or availability) Sleepmasters shall supply the consumer with the same or equivalent stock as an alternative to the advertised stock, in the event of running out of stock on the expressed stock limits. (Sleepmasters may limit the quantity of sale goods per consumer.) Sleepmasters strives to ensure that we minimise out of stock situations. Sleepmasters will take all reasonable means to make your purchased product available at that price or alternatively we will advise on an equivalent product option as an alternative in this unfortunate occurrence of running out of stock. We will notify you of any delivery delays should we need to source a product.
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5.
RETURNS/REFUNDS AND WARRANTY
Refunds are deposited directly into your credit card or bank account. This process may take up to 30 working days. Refunds processing time frame will only be commenced from time of goods received.
5.1 Return of Goods
Goods may only be returned in terms of the Consumer Protection Act, Act 68 of 2008 (hereinafter referred to as “the CPA”). If you are entitled in law to return goods, then and in line with the CPA a handling fee of up to 15% of the value of the goods may be charged when the product/packaging is not returned in its original purchase condition.
5.1.1 Non-returnable/ non-refundable items:
5.1.1.1 Delivery and or installation costs
5.1.1.2 Pre-paid cards
5.1.1.3 Digital content
5.1.1.4 Any damaged or abused items
5.1.1.5 Computer and gaming software, speakers, CD's, DVD's and Bluray discs unless it is found that the goods were defective at the time of purchase
5.2 Under no circumstances will we accept goods where the consumer has been afforded the opportunity to inspect the goods prior to the purchase and subsequently changed his/her mind about the goods, the goods have been damaged due to the consumer's negligence, the goods have been disassembled, permanently installed, physically altered, used or installed contrary to our or the manufacturer's instructions and/or have been subjected to misuse or abuse.
5.3 We sell goods for domestic purposes only and for the purpose for which they were manufactured. Normal wear and tear will also be excluded. If you want to return alleged defective goods in terms of a warranty, we or the manufacturer will assess the goods to determine the reason for the defect in the goods.
5.4 Subject to these terms, all goods carry an implied warranty in accordance with the Consumer Protection Act 68 of 2008 ("CPA") which gives the consumer the right to return the unsafe and defective goods in terms of section 20 read together with section 56 of the CPA. Our goods also carry a manufacturers' warranty where applicable, which will run concurrently with any warranty in terms of the law. The implied warranty on goods supplied places an obligation on Sleepmasters to accept the return of unsafe or defective goods within six months of delivery, in the event of the goods not complying with requirements and standards contemplated in section 55 of the CPA. Furthermore, the consumer has a right to return goods to Sleepmasters if:
5.4.1 The consumer finds within 10 days that the goods are unsuitable for a particular purpose for which the consumer has expressed intention to use the goods as contemplated in s55(3);
5.4.2 The consumer did not have a chance to examine the goods and rejected delivery of the goods for any reasons contemplated in section 19(5); and
5.4.3 The consumer has refused delivery of any of those goods, because they were mixed with items that were not ordered, as contemplated in section 19(8).
5.5 You are entitled to cancel any sale concluded on this Website (online sales) within 7 days after date of receipt of the goods and to obtain a refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 30 days from the order date).
5.6 In the unfortunate event that your purchased goods become faulty/ defective, you may opt to have it taken to any Sleepmasters store. You will be entitled to the following option of as per the CPA (after goods has been inspected and assessed):
5.6.1 Have such goods repaired
5.6.2 Have goods replaced
5.6.3 Be refunded the price paid
5.7 In the event that the goods are found to be not faulty, you will be liable for all handling and shipping charges; for the collection and the re-delivery of the product to you. You will be liable if the goods are damaged or faulty as a result of misuse, abuse or negligence.
5.8 The warranty does not cover any defects caused by foreign objects /connection errors that are not part of the appliance, including but not limited to;
5.8.1 Use other than domestic use by the customer or his/her immediate resident family at the declared addresses appearing on the front of this document;
5.8.2 Failure by the customer or any other person to comply with the manufacturers’ instructions for installation, maintenance or use;
5.8.3 The use of accessories which have not been approved by the manufacturer;
5.8.4 Fire, flood, war, civil disturbance, industrial action, acts of God or any other causes beyond the reasonable control of Sleepmasters;
5.8.5 Any loss or destruction of, or any damage to any property, or any loss expense arising therefrom, or any consequential loss or any liability of nature directly or indirectly caused by or contributed to, by or arising from ionizing radiation or contamination by radioactivity from any nuclear fuel or any nuclear waste from the combustion of nuclear fuel. Combustion shall include any self-sustain process of nuclear fission, or any loss, destruction, damage or disability directly or indirectly caused by or contributed to, by or arising from nuclear weapons material.;
5.9 Sleepmasters will not be liable for the costs of;
5.9.1 Maintenance, including cleaning, clearing of blockages and overhaul, insect infestation or paper jams;
5.9.3 Call out charges where the breakdown is not covered by the extended warranty;
5.9.4 And material or labour which is recoverable from the manufacturer or any person who may be held responsible in terms of any other guarantee or warranty.
5.10 Repairs may not be effected without prior authorisation from Sleepmasters.
5.11 Any modification of the appliance by any person other than Sleepmasters or its authorized repairers;
5.12 With an authorised repairer being called out for a fault covered by the warranty, the supplier shall pay the repairer for all labour and materials supplied in terms of the warranty, while the customer shall be liable to pay the repairer all other charges, including but not limited to the call-out charge should no defect be found in the appliance.
5.13 The repair will be carried out in terms of the warranty within a radius of sixty kilometres from the appointed service agent’s premises. Should the repairer be required to travel beyond this radius, we will charge the customer at the prevailing AA rate per kilometre.
5.14 Sleepmasters’ authorised repairers reserve the right to not do house calls in areas where their safety may be at risk.
5.15 Certain products will contain their supplier warranty, and we advise you to keep the same and refer to the same warranty for any differences in the above.
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6.
DISPLAYING OF PRICES
All pricing displayed on the web is inclusive of the current South African VAT, in South African Rands, and are subject to price changes and may change with no warning or notification. Please note that all prices displayed exclude the cost of delivery. Sleepmasters takes utmost care to ensure that the displayed prices are correct. Where pricing on the website differs from the actual in-store pricing, the applicable price will be the lesser of the two prices, unless the lesser price is made in error and we have taken reasonable steps to rectify the error and, or where it is a website specific promotion for online purchases only or in branch-specific promotion for branch purchase only. Hence such promotional pricing will not be honoured. If a mistake is made or we display the incorrect price, we will correct this as soon as we are made aware of the incorrectly displayed price.
Goods made to order will incur additional costs.
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7.
CURRENCY, PAYMENT METHODS AND TRANSACTIONAL SECURITY
We conduct all transactions in South African RAND (R) (ZAR) through PayU Payment Solutions (Pty) Ltd. When PayU Payment Solutions (Pty) Ltd processes a transaction for you via any of their secure payment web services, the transaction is encrypted. The PayU Payment Solutions (Pty) Ltd security policy can be found at https://www.payu.co.za/faqs/security.
Please also read the PayU Payment Solutions (Pty) Ltd Terms and Conditions, at https://www.payu.co.za/legal. By submitting a sales order through any of the Sleepmasters website services, you warrant that you are acting within the bounds of the law and that you have the legal capacity to transact or have the mandate to transact to do so. This includes that you have got the express permission (indemnity) of the person and or business whose information you are submitting/using through any of our services and that you are not in breach of the Consumer Protection Act or National Credit Act, or any other applicable legislation. You indemnify Sleepmasters, its Members and employees from any claim and/or liability from any third party arising out of your instructions and/or use of the service(s).
Sleepmasters accepts the following payments on its website:
7.1 Credit Card payments: Only South African issued (Visa and Master) credit cards will be accepted for online payments. On completing the purchase cycle the sales details are sent to the bank, if payment is unsuccessful or authorization is not issued by the bank your purchase cycle cannot be completed.
7.2 Bank Deposits and Electronic Funds Transfer: Should you select to pay via a bank deposit or Electronic Fund Transfer, on completion of your order an instruction will be emailed to you regarding the method in which monies must be deposited in Sleepmasters account which is subject to the following Terms and conditions:
7.3 EFT Pro: the full amount must be paid as per your order request within 48hours of placing your order. Your order will be cancelled should you fail to deposit/transfer the funds within 48hours of placing your order. The EFT must be in SA Rands (ZAR) only (no other currency will be accepted). Sleepmasters cannot be held liable for any delays, errors, fees, bank affiliated fees / admin charges and currency fluctuations. PayU EFT Pro only facilitates the transaction between you and your bank. The terms and conditions existing between you and the Bank still apply. PayU does not store any online banking login details. The Delivery timeframe is relative and will be dependent on the time and date of the successful EFT Pro confirmation (please refer to our delivery timeframes T&C’s for info). As we do not store your banking details when conducting an EFT PRO, should you request a refund, we will require you to furnish your Bank account details again.
7.4 For a direct deposit, the deposit must be in cash and in SA Rand only, (no other currency will be accepted).
7.5 No cheque deposits are accepted.
7.6 Mobicred facilitates the credit transaction. The terms and conditions existing between you and mobicred still apply. The Delivery timeframe is relative and will be dependent on the time and date of the successful mobicred confirmation (please refer to our delivery timeframes T&C’s for info
Your order number needs to be used in the reference section of the deposit slip or the electronic transfer, we will not be held liable for any delays should you fail to include these. Your delivery timeframe is dependent and will commence on the time and date of the funds reflecting in Sleepmasters account.
Depending on the bank, some payments may take up to three business days to reflect in our account. In such circumstances there will be a delay in having your order shipped.
When paying using PayU EFT Pro, the communication process between you and your bank shall occur as it would when conducting an EFT with the Bank. You will be redirected to the online banking login screen and will be prompted to login with your online banking credentials. You will receive a one-time pin (OTP) which you would need to enter to confirm payment.
It requires registration with 3D Secure when shopping online with us as a 3D secure merchant. No username and password to remember anymore. You will now receive a one-time pin (OTP) instead that will only be valid for one transaction when shopping at a 3D Secure merchant, protecting your Credit Card against fraudulent online use. We all love the convenience of shopping online but concerned about the risks that may be involved. Therefore, we at Sleepmasters deploy technology, such as 3D Secure, which will protect you while you shop.
Sleepmasters reserves the right, for purposes of preventing suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and Sleepmasters, in whole or in part, on notice to you. Sleepmasters shall only be liable to refund monies already paid by you (see Sleepmasters Refund Policy in point 26 in this regard), and accepts no other liability which may arise as a result of such refusal to process any order/sale.
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8.
DELIVERY
8.1 General Delivery Information
Unless otherwise specifically stated or specifically agreed to, the delivery charges will be for your account.
8.1.1 Sleepmasters delivers within the borders of South Africa only.
8.1.2 Deliveries are door to door and must be a physical address within the borders of South Africa and not a Post Box. We do not deliver to any postal addresses i.e. deliver to a post box or to any post offices. Please ensure all delivery details including the postal code are accurate, as you will be liable for all additional handling and shipping charges as a result of such errors. Please also ensure that someone is available to sign for and receive your goods at the time of delivery. It will be deemed that you as the purchaser assign without prejudice and without a proxy to a party other than yourself to sign for your goods at your specified and confirmed delivery address should you be or not be present at time of delivery.
8.1.3 You accept that Sleepmasters does not have to prove that you personally received the delivery of such goods. You agree that we would only be required to prove that someone not necessarily yourself signed for the goods at your specified and confirmed delivery address. Although we monitor every purchase order to ensure your package is delivered.
8.1.4 Should you have not received your delivery of goods after 24 hours of the expired delivery period you would need to contact us within a maximum of 48 hours. Should you fail to notify us of a no delivery within the given period, you agree that it would be deemed that you received the purchased goods.
8.1.5 Delivery of products purchased through the online store is subject to the geographical delivery framework as determined by our courier partner. Should your delivery address fall into one of these categories, you will be liable for any additional costs incurred in delivery, storage and or returning the parcel. (Category list as follows; plots, farms, mines, military bases, major chain stores, power stations, game reserves and lodges and harbors)
8.2 Failed delivery:
8.2.1 We will notify you of a failed delivery i.e.: whereby no one was at the specified delivery address to receive and sign for the goods at the time of delivery. We will endeavor to reschedule the delivery with you within 24 – 48 hours; however, you may be liable if any additional handling and shipping charges are incurred for a re-delivery.
8.2.2 Goods shipped in error /Incorrect goods delivered:
In the unfortunate event that you receive a delivery whereby the goods and or its quantity delivered to you does not match your products and its quantity as per your waybill/purchase order, you agree to notify us immediately upon receipt of such delivery on 0800 222 888, to have the incorrect goods collected and the correct goods delivered to you.
8.3 Damaged Goods delivered:
Please notify us within 24 hours of receipt of delivery on 0800 222 888, in the regrettable event that you receive a damaged product. We will do our utmost best to have the damaged product collected and a new product delivered to you within a maximum of 48hours (weekdays only).
8.4 Price of delivery:
Delivery prices differ and are determined by the following:
8.4.1 Location within major centers or Outlaying Delivery Areas
8.4.2 Type of delivery (Normal order, special order, customer order)
8.4.3 Weight and Dimensions of total purchase order
8.4.4 In the event of special delivery deals the price of product or total purchase order value could determine the delivery rate.
8.4.5 The price of your delivery is calculated automatically and will be displayed prior to the payment process, in the shopping cart and at checkout.
8.5 Delivery Periods important to note:
8.5.1 Delivery service will start on payment confirmation received
8.5.2 Delivery periods will be effected within the selected delivery type timeframe, after collection from point of dispatch and between Major Centres from Monday to Friday.
8.5.3 We deliver on Monday to Friday from 08h00 to 17h00 to both business and residential addresses. No deliveries on a Saturday and Sunday and any Public Holiday. ID may be requested upon delivery. Major centers include any destination within a 40km radius of the following cities: Pretoria, Johannesburg Bloemfontein, Cape Town, George, Port Elizabeth, East London, Durban, Pietermaritzburg and Nelspruit. Delivery outside main centers is usually within 5 working days. The following areas may experience delays due to airline constraints: George, Nelspruit, Richards Bay, Polokwane and Welkom.
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9.
CREDIT TERMS AND CONDITIONS
The monthly instalment and total credit price shown include interest as shown, basic insurance, initiation fee, service fee and VAT. (In line with chain deal calculator)
Delivery charges, deposit, comprehensive insurance and extended warranties are excluded. Credit and “No Deposit” offers remain subject to credit approval, an affordability assessment as required by the National Credit Act and a debit order where relevant.
INTEREST RATE, DEPOSIT, INSTALMENT AND CREDIT PRICE MAY VARY BY CREDIT PROFILE AND LOAN TERM.
Sleepmasters may require you to produce proof of an insurance policy or take up insurance with us. The minimum application requirements include a copy of an ID document, latest payslip, 3 months’ bank statements, monthly expense details and your household content insurance or Credit Life policy documents. These requirements depend on your employment status and risk profile. All offers are valid while stocks last and cannot be used with other in-store promotions. Ask the sales representatives for details. Unless otherwise stated, matching products and complementary accessories are not included in the price shown. All major credit cards accepted.
Connect Financial Solutions (Pty) Ltd, (Reg no.: 2018/431596/07) is an authorised Financial Service provider and a registered Credit Provider (NCRCP11158) trading as Sleepmasters.
9.1 Quick On-Line Credit App Terms and Conditions (Ts & Cs)
9.1.1 General
9.1.1 Quick On-Line Credit App is subject to your acceptance of the Ts & Cs set out herein. By clicking on the tick-box provided, you acknowledge that you have read and understand the use of website Ts &Cs as well as Quick On-Line Credit App Ts&Cs and agree to be bound by them.
9.1.2 These Ts&Cs must be read together with our website Terms of Use, a copy of which can be found at www.Sleepmasters.co.za or may be requested from us by email or calling our call centre.
9.1.3 Quick On-line Credit App Process
9.1.4 By completing and submitting this Quick On-Line Credit App, you;
9.1.5 Confirm that you have read and understand these Ts&Cs, the meaning and that the Quick On-Line Credit App is subject to a full credit application Ts&Cs which includes an affordability assessment as required by the National Credit Act, as amended (“NCA”);
9.1.6 Confirm that you are the person whose details you have given to us as the applicant in the quick online credit app;
9.1.7 Confirm all information that you provide us is truthful, complete, accurate and correct. You must immediately notify us if any of your information changes;
9.1.8 Confirm you can apply for credit and to enter a credit agreement with us which includes that you are mentally sound, not under the influence of alcohol or drugs, above the age of 18 and got written consent from your spouse or civil partner. (where applicable);
9.1.9 Consent to the further processing of your personal information for purposes relating to the Quick On-Line Credit App including any Credit Bureau and other agencies, as permitted by law,
9.1.10 Once you receive confirmation that you qualify for credit, confirmation of which you will receive by way of email and/or sms you are required to visit any Sleepmasters store, quote your ID number/passport number and complete a full credit application.
9.1.11 Minimum full credit application Ts &Cs include:
9.1.11.1 ID Book or Passport (for non-RSA nationals);
9.1.11.2 Latest payslip;
9.1.11.3 (three) months bank statements;
9.1.11.4 Monthly expense details and your household content insurance and/or Credit Life policy documents;
9.1.11.5 These requirements are dependent on your employment status and risk profile. INTEREST RATE, DEPOSIT, INSTALMENT AND CREDIT PRICE MAY VARY BY CREDIT PROFILE AND TERM LOAN.
9.1.12 The Quick On-Line Credit App is subject to the verification of the identification of the applicant and applicant being above the age of 18, who is in possession of a valid identity document or passport.
9.1.13 Your Quick On-Line Credit App offer will only be valid for 7 (seven) days from Quick On-Line Credit App Date.
9.2 Disclosures and consent
9.2.1 Connect Financial Solutions (Pty) Ltd (Reg no.: 2018/431596/07) an authorized Financial Service provider and a registered Credit Provider (NCRCP11158) trading as Sleepmasters
9.2.3 You consent to and agree that Pepkor Trading (Pty) Ltd is to access any of your personal information required from any Credit Bureau and other agencies, as permitted by law, to:
9.2.4 Make enquiries to obtain or confirm your credit profile and repayment behavior;
9.2.5 To supply and/or submit any information about you or provided to us by you;
9.2.6 Seek, verify and receive information from any credit bureau or third party (with whom you have financial relations at any time) when assessing your quick online credit app or your creditworthiness,
9.2.7 To disclose the above information as required in law; and
9.2.8 To keep records of your personal and credit information in any database in accordance with the provisions of the NCA requirements.
9.2.9 You acknowledge and understand that a credit bureau will provide us with credit profile information and possibly a credit score reflecting your creditworthiness. We cannot be held responsible for any loss that you may suffer or damage that you may incur caused by any credit bureaus or agency.
9.3 Information Security Policy
9.3.1 You agree to keep your information safe and to not disclose it to any unauthorized third party. You further agree that we cannot be held liable for any damages or loss sustained by you as a result such information becoming known to third parties, whether through your actions or through fraud, malware or phishing.
9.3 We reserve the right to suspend any account that we believe may have been compromised accordingly.
9.3.3 You must notify us immediately if you believe that your information has been processed without your permission. You can contact us on our call centre number or e-mail us as per details below.
9.4 Law
9.4.1 This Quick On-Line Credit App is governed by the laws of the Republic of South Africa, irrespective of whether or not you are South African or are accessing our website outside of the Republic of South Africa.
9.4.2 In terms of the Electronic Communications and Transactions Act of 2002, as amended, (“ECTA”) these Ts&Cs are binding and legally enforceable against you. We do not sell any products via this Quick On-Line Credit App and accordingly, the provisions of ECTA relating to electronic transactions in this regard do not apply in respect of the Quick On-Line Credit App.
9.4.3 You have the right to resolve any dispute that may arise between us by way of alternative dispute resolution, or to file a complaint with the National Credit Regulator, or to make an application to the Tribunal as per details below.
9.4.4 Subject to the “NCA”, we may, from time to time, update or change these Ts&Cs. We recommend that you read these Ts&Cs every time you access and use our website. Amended Ts&Cs will bear a different version number on the footer of each page and will supersede and replace any previous Ts&Cs.
9.4.5 No indulgence or extension of time which either you or us may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
9.4.6 We shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Ts&Cs without notice to you.
9.4.7 All provisions of these Ts&Cs are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these Ts&Cs which is or becomes unenforceable, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, only to the extent that it is so unenforceable, be treated as not having been written and the remaining provisions of these Ts&Cs shall remain in full force and effect.
9.5 Contact Details
The following contact details are hereby disclosed:
Customer Care: 010 211 1120 or [email protected]
Credit Ombudsman: 086 1662 837
National Credit Regulator: 086 062 7627
Credit Bureau: 086 1128 364
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10.
LAYBY TERMS AND CONDITIONS
10.1 Definitions
In this Agreement, unless the context indicates differently: -
10.1.1 "Agreement" means these terms and conditions, including the Schedule and all written notices that the supplier has given to the consumer;
10.1.2 "business day" means any day except for a Saturday, Sunday or South African public holiday;
10.1.3 "consumer"/"you"/"your" means the person who has agreed to enter into this Agreement and whose details are recorded in the Schedule;
10.1.4 "Schedule(s)" means the Retail Lay-by Schedule attached to these terms and conditions which records the purchase price of the goods, the number of amounts to be deposited, the quantity of the amounts to be deposited, the dates on which the amounts need to be deposited and any other Schedules which may be attached hereto by agreement between the parties;
10.1.5 "supplier"/"we"/"us"/"our" means JDG Trading Pty (Ltd);
10.1.6 "VAT" means value-added tax chargeable under the Value-Added Tax Act 89 of 1991;
10.1.7 the headings of the various clauses in this Agreement have been inserted purely for the purpose of convenience and they will not be used to interpret the Agreement.
10.1.8. any reference to a gender includes the other genders; and
10.1.9. the singular includes the plural and vice versa (the other way around).
10.2 Introduction
You have agreed:-
10.2.1 to buy the goods set out in the Schedule on lay-by; and
10.2.2 to pay for the goods by making regular deposits until payment of the full purchase price, as set out in the Schedule.
10.2.3 You understand and agree that the goods will not be delivered to you and you will not become the owner thereof until you have paid the full purchase price for the goods. The goods will remain at our risk until you have accepted delivery of them.
10.3 You agree that:-
10.3.1. this Agreement represents the entire Agreement between the you and the supplier and that no alterations or additions to this Agreement may be effected unless agreed to by both parties, reduced to writing and signed by you and a duly authorized representative of the supplier; and
10.3.2. for this Agreement “signature” or “signed” does not include an electronic signature as contemplated in the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”).
10.4. Payment of deposit and instalments
10.4.1 You understand and agree that:-
10.4.1.1. the purchase price of the goods includes VAT at the current rate of tax; and
10.4.1.2. if before the full purchase price of the goods is paid by you, the VAT rate is changed concerning the supply of the goods, we may recover the VAT increase from you before delivery of the goods.
10.4.2. The Agreement will start upon signature of the Agreement and payment of the initial deposit set out in the Schedule.
10.4.3. Thereafter, you must deposit the monthly amounts on or before the due dates until the final payment date. All amounts must be deposited at the address of the store, as detailed in the Schedule, or via a direct deposit into the bank account of the store.
10.4.4. We will apply the deposits towards the settlement of the purchase price on the last payment date.
10.5. Termination of the agreement
10.5.1 If you terminate the Agreement before paying the full purchase price, or fail to complete the payment for the goods within 60 (sixty) business days after the final payment date, we:
10.5.2 may charge a termination penalty of 1% of the full purchase price of the goods. At your request, we will provide you with written details on how the penalty was calculated. We will not charge a termination penalty if sufficient proof is made available to us that your failure to complete payment was due to death or your hospitalization;
10.5.3 after deducting the termination penalty (if any), will refund you any amounts paid by you under this Agreement;
10.5.4 You understand and agree that if the agreement had been terminated for any reason and you wish to buy other or similar goods, you will be required to enter into a new agreement with us and the current price of the goods will then apply.
10.6. Statements of account and contact details
10.6.1 We will deliver a monthly statement of account to you by way of email or SMS, as may be elected by you.
10.6.2. You must check each statement as soon as you receive it and inform us within 7 days of receipt thereof if you think that a statement is not correct.
10.6.3. It is your responsibility to provide us with the correct contact details and to inform us of any changes.
10.7. Delivery of the goods
10.7.1. We will make every reasonable effort to deliver the goods to you as soon as possible after we have received the full purchase price of the goods.
10.7.2. We cannot be responsible for failure to perform or to deliver or delays in performance or delivery due to circumstances beyond our control ("force majeure events"). We will not be liable to you for any loss arising from any failure or delay in performance or providing the goods resulting from force majeure events. We will use reasonable endeavors to continue to perform in terms of this Agreement as soon as performance becomes possible. We may contact you to agree on alternative dates for delivery, but will not require you to accept delivery at an unreasonable time.
10.7.3. You understand and agree that the goods as set out in the Schedule, are identified and described by style, make, model, kind, design or category ("Type"). This does not mean that specific goods are set aside for the duration of the lay-by agreement, but that we will deliver that Type to you after receipt of the full purchase price for the goods.
10.7.4. If, for reasons beyond our reasonable control, we are unable to deliver that Type to you, we will, at your option:-
10.7.4.1. supply you with an equivalent quantity of goods that are comparable or superior in description, design or quality; or
10.7.4.2. refund to you the amounts deposited with us for the goods, with interest, under the Prescribed Rate of Interest Act 55 of 1975.
10.7.5. It is your responsibility to provide us with the correct delivery address prior to delivery of the goods.
10.8. Transfer of rights
10.8.1. Unless you have got our prior written consent, it will not entitle you to cede, delegate, assign or transfer all or any part of your rights or obligations under this Agreement.
10.8.2. You allow us and agree that we may cede any part or all of our rights under this Agreement or transfer any part or all of our rights or obligations (whether by delegation or assignment) under this Agreement to any third party. You further agree that it shall not be necessary for us to provide prior notification to you in the event of any such cession or transfer.
10.9. Contact details
The following contact details are hereby disclosed:
Customer Care: 0800 222 888
National Consumer Commission: 012 761 3000
Consumer Goods and Services Ombud: 0860 000 272
10.10. Address for notices and legal processes
10.10.1. You agree to accept any notice and legal processes under this Agreement at the address recorded in the Schedule. (This address is known in law as your domicilium citandi et executandi or domicile address).
10.10.2. We choose as our domicile address where you must deliver all notices and legal processes, the following address: Marlboro House 6 Eastern Service Road Eastgate, Sandton 2090
10.10.3. If you want to change the address at which you agree to accept notices and legal processes, then you must send us a notice in writing by registered post. The notice must:-
10.10.3.1. inform us that you are changing your address; and
10.10.3.2. set out the new address at which you agree to accept notices.
10.10.4. Any new address must be a physical address in the Republic of South Africa.
10.10.5. If we send a notice to you:-
10.10.5.1. by prepaid registered post to your address, we will treat it as if you have received it 7 (seven) days after posting; and
10.10.5.2. by hand, we will treat it as if you have received it on the date of delivery.
10.10.6. When we treat a notice as if you have received it by a certain date, it means that we do not have to prove that you did receive it then. If you claim that you did not receive the notice by that date, then you will have to prove it.
10.11. Governing law and jurisdiction
10.11.1. This Agreement is governed by the laws of the Republic of South Africa.
10.11.2. You agree that the supplier may bring legal proceedings against you relating to this Agreement in any Magistrate's Court that has jurisdiction, even if the amount of the claim may exceed the jurisdiction of that court. This does not prevent the supplier from bringing legal proceedings in a High Court that has jurisdiction.
10.12. General
10.12.1. We do not lose any of our rights under this Agreement if we do not insist immediately and in every instance on these rights. You may not use it as defense if we had a right which we did not enforce at the relevant time.
10.12.2. If any term or condition of this Agreement becomes unenforceable for any reason whatsoever, that term or condition is severable from and shall not affect the validity of any other term or condition in this Agreement.
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11.
ONLINE EXCLUSIVE PROMOTIONS
11.1. These Terms of the Online Exclusive Offers (Promotion) together with the Sleepmasters Standard Terms and Conditions www.sleepmasters.co.za set out the terms and conditions that will apply when you place an order through the Sleepmasters operated website only and you purchase goods advertised as part of this promotion. Please note that the terms and conditions that apply to this promotion differ on certain parts from the terms and conditions that apply to ordering other products. Such differences will be explained later in these Terms. If you are unable to understand, or have any questions about these Terms please contact Sleepmasters on 0800 222 888 Please note that these Terms are subject to change so review and save or print a copy of the current terms and conditions prior to each order that you submit.
11.2. The Promotion is the sale of certain online only products as advertised on the specific product, for the advertised specific day, whereby the advertised goods will be sold at a discounted price for that specific day, and available for purchase online only.
11.3. The Promotion starts at Sleepmasters online only on the advertised and advertised day at 08:00am and ends on the advertised and mentioned day at 00:00pm. No purchases will be accepted after midnight on the advertised and mentioned day.
11.4. You will need to be logged into Sleepmasters website in order to use the promotion
11.2 Order and acceptance
11.2.1. Each order submitted, which includes the receipt of the full purchase price, constitutes an offer to purchase products. Orders are subject to Sleepmasters acceptance and may be refused at Sleepmasters discretion, for example in cases where:
11.2.1.1. We cannot process orders because of an error in the information you have provided;
11.2.1.2. There is an error on the website relating to the products that you have ordered, for example an error relating to the price or description of the product as displayed on the website; or
11.2.2. The products that you have ordered are no longer available through the website.
11.2.3. After Sleepmasters receives your order, you will receive an email confirming receipt of your order. If you do not receive an email, contact Sleepmasters before you try to place another order for the same product.
11.2.4. You will receive an email when your order is being dispatched confirming that your order has been accepted and is on its way to you.
11.2.5. If you have questions regarding Sleepmasters order acceptance policy (Agreement of sale), or if you consider that your order was rejected in error, please contact Sleepmasters on 0800 222 888.
11.3 Product availability
11.3.1. Sleepmasters has the Right to change information about products displayed on the website. For example, information about prices, description or the availability of products and may do so without first giving you notice of the changes.
11.3.2. Sleepmasters will not, however, make any changes to the price, availability or description of any product after an order has been accepted. Sleepmasters cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party.
11.3.2. Because of the stock quantity, each customer may not purchase more than one product using this Promotion.
11.4 Customer started order cancellations and changes
11.4.1. You can change or cancel your order before we have processed your order. To change your processed order, please contact Sleepmasters. If we have already dispatched your order, you can request a refund of the product, please see our Return Policy
11.5 Delivery
11.5.1. Any delivery dates provided to you in connection with your order are estimates. Although the aim is to provide you with as accurate estimates as possible, Sleepmasters cannot promise that they are accurate.
11.5.2. Product that is delivered to you will become your property at the time that you receive it provided that Sleepmasters has received full payment for the product. As soon as Sleepmasters has delivered the product to you, you will become responsible for it and for any loss or damage to it thereafter.
11.5.3. Please see the delivery policy for further details.
11.6 General
11.6.1. Participants of this promotion agree that Sleepmasters will, subject to prevailing law, have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of the promotion, or from participation in this promotion.
11.6.2. If they deem any provision or part of these rules void or otherwise unenforceable in law, then that provision or part shall be deemed excluded and the rest of these Rules shall remain in force.
11.6.3. Any violation of these rules will result in the immediate disqualification of the transgressing participant from the promotion.
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12.
OWNERSHIP AND CONTENT
All materials published on the Sleepmasters website are protected by copyright and owned or controlled by Sleepmasters or the party accredited as the producer of the content, software or other material. We shall construe nothing in these terms and conditions of use as conferring by implication or otherwise, any license or right under this copyright, trademark, database right or other intellectual property or proprietary interest of Sleepmasters or any third party. All logos, names and trademarks, which appear on the website are the intellectual property of Sleepmasters or are used by Sleepmasters under license. Sleepmasters will prosecute any violation of intellectual property rights to the fullest extent that the law permits. We prohibit reproduction of part or all of the contents in any form other than strictly for individual use.
If you respond to Sleepmasters via e-mail, surveys, forums, registration, or any other communication medium with any information, including but not limited to feedback, data, questions, comments or suggestions, but excluding your personal data, the information will not be deemed confidential. Sleepmasters will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Sleepmasters will also be able to use any ideas, concepts, know-how or techniques in the information for any purpose, including but not limited to developing, manufacturing and marketing products, which incorporate or otherwise rely on the information. You consent to the aforesaid use of such information. By submitting information, you agree that Sleepmasters may publish the information, use it as part of its operations, and incorporate its concepts in Sleepmasters goods or for any other purposes, which Sleepmasters considers necessary, without liability.
Sleepmasters will deal with your personal information in terms of the privacy policy: http://www.sleepmasters.co.za/privacy/
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13.
DISCLAIMER
13.1.1 When you visit the Sleepmasters Website, you consent to receive communication from Sleepmasters electronically and agree that all agreements, notices, disclosures and other communication sent by Sleepmasters satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
13.1.2 You ensure that the goods are fit for the purpose for which you want to buy them and are in excellent condition and free of any form of defects before you take delivery of the goods. It is the responsibility of the customer to ensure, before delivery, that the goods listed on the till slip or your purchase order correspond in description, price and quantity with the goods purchased. You agree to adhere to the user/manufacturer’s instructions and ensure that you make yourself aware of all product warnings and safety instructions before the installation or use of all products purchased from Sleepmasters. You are to keep proof of any repairs conducted and allowed by Sleepmasters and proof of purchase on all returned goods.
13.1.3 You must make sure of all measurements and sizes before purchasing your goods, as we will not replace or refund you if the goods do not fit into the room/intended location or through a door.
13.1.4 The onus is on you to advise us if the goods are for a particular purpose when entering the transaction, and we cannot be held liable if you have not advised us of the goods particular purpose.
13.1.5 Sleepmasters provides the website “as is” and “as available” and to the extent permissible by law disclaims warranties including but not limited to a warranty of title, merchantability, non-infringement, fitness for a particular purpose and that the website is free from defects, uninterrupted and error-free. While Sleepmasters attempts to provide accurate and timely information, Sleepmasters cannot guarantee this. Sleepmasters may correct and change the website if required. The Sleepmasters goods and services described on the website are available in RSA, through the Sleepmasters branch network.
13.1.6 Although Sleepmasters has tried to display the goods and their colours as accurately as possible, the displayed products and colours of the products will also depend upon your equipment and Sleepmasters cannot guarantee that your equipment will display an accurate representation of the actual goods or their colours. Sleepmasters will not be liable for any other website provided by any third party. It does not include all accessories shown with products for presentation in the price, nor are such products guaranteed to be available for sale by Sleepmasters. In the event of delivery delays or out-of-stock situations, we will notify you and we will do our very best to ensure a speedy fulfilment.
13.1.7 Image Disclaimer: Where products are displayed with compatible devices, we will not include these devices as part of the sales price unless specifically identified as part of a product bundle. In all other cases, we show images to display products within a lifestyle setting and do not include part of a sales proposal including any said devices or lifestyle additions.
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14.
LIMITATION OF LIABILITY
Sleepmasters is to be exempted from any liability due to a customer failing to provide accurate registration information, or a customer failing to view special warnings, etc.
Subject to applicable law, you agree to indemnify, defend, and hold Sleepmasters harmless against any claim or liability (including attorneys’ fees) arising out of your use of the website.
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15.
AVAILABILITY AND TERMINATION OF ORDERS
Sleepmasters may immediately terminate use of and access to the website if you breach the terms. This will be without prejudice to any other remedies and rights that we may have in terms of the law, including but not limited to claims for specific performance and damages. Save for certain exceptions (Software, Games, Music, and DVD) and subject to certain charges.
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16.
GOVERNING LAW AND JURISDICTION
This Agreement is governed by the laws of the Republic of South Africa.
You agree that we may bring legal proceedings against you relating to this Agreement in any Magistrate's Court that has jurisdiction, even if the amount of the claim may exceed the jurisdiction of that court. This does not prevent us from bringing legal proceedings in a High Court that has jurisdiction.
We choose as our domicile address where you must deliver all notices and legal processes, the following address: Marlboro House, 6 Eastern Service Road, Eastgate, Sandton, 2090
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17.
RSA & NON-RSA BRAVO GROUP SLEEP PRODUCTS 2021 NATIONAL PROMO TERMS AND CONDITIONS
1. The Promoter is Bravo Group Sleep Products, a division of Bravo Group (the Promoter”).
2. The Bravo Group Sleep Products Competition (‘the Competition”) will commence on 15 January 2021 and entries to the Competition will close on 30 April 2021 at 23h59. Any entries received after midnight on the last day will be invalid and will not be considered.
3. The Competition is only open to persons above the age of 18 or if under the age of 18, with the consent of a parent/ guardian, residing in either South Africa, Zambia, Zimbabwe, Namibia, Lesotho or Botswana, who are in possession of a valid identity document (“the Participant”), except directors, members, partners, employees, agents or consultants of or any other person who directly or indirectly controls or is controlled by the Promoter or marketing service providers in respect of the Competition, or the spouses, life partners, business partners or immediate family members.
4. By entering the Competition, the Participants accept these terms and conditions (“the Rules”) and agree to abide by them. A copy of the Rules will be displayed on each of the brands online warranty registration pages. However, any Participant may request to be furnished with a copy of the Rules at no cost by emailing such request to [email protected]
5. The Participants stand a chance to win a share of R250,000.00 (Two Hundred and Fifty Thousand Rand), as follows:
5.1. 1 (one) of 13 (thirteen) cash prizes to the value of R10,000.00 (Ten Thousand Rand) each, or the equivalent currency at the time of payment (the “Prize”); or
5.2. 1 (one) of 4 (four) cash prizes, being 1 (one) cash prize per brand social media page consisting of R10,000.00 per month paid over 3 (three) consecutive months commencing end February 2021 with a total value of R120,000.00 (“the Social Media Prize”).
6. To enter the Competition, Participants must purchase any Bravo Group Sleep Products bed, hereinafter referred to as BGSP bed and register their warranty, by completing their name, store name, branch name, invoice number and product purchased on the applicable website and/or social media page below:.
6.1. https://www.sealy.co.za/customer-care/warranty/ https://www.facebook.com/SealySouthAfrica;
6.2. https://www.edblo.co.za/warranty / https://www.facebook.com/EdbloSA;
6.3. https://www.slumberland.co.za/customer-care/ / https://www.facebook.com/SlumberlandSA; or
6.4. https://kingkoil.co.za/warranty-service/ https://www.facebook.com/KingKoilSouthAfrica
7. Entries are unlimited and Participants will receive an entry into the Competition every time the Participant purchases a BGSP bed and registers the BGSP bed’s warranty on the applicable website / social media page. The Promoter reserves the right to exchange the Prize or Social Media Prize for another of equal or greater value, should the circumstances require this.
8. It is also the responsibility of all Participants to retain their cash register slip as proof of purchase of any one of the above-mentioned qualifying products. If a Participant cannot produce the cash register slip upon demand, such Participant will be automatically disqualified from the Competition and will forfeit the prize. In the event that the Participant made the purchase with his/her credit/ debit card, then a statement from the Participant’s respective bank, reflecting the purchase, shall be accepted as proof of purchase.
9. The winners of the Prize shall be the first qualifying entry randomly drawn by way of a weekly draw which will be held on 5 February 2021, 12 February 2021, 19 February 2021, 26 February 2021, 5 March 2021, 12 March 2021, 19 March 2021, 26 March 2021, 2 April 2021, 9 April 2021, 16 April 2021, 23 April 2021, 30 April 2021.
10. The winners of the Social Media Prize shall be the first qualifying entry randomly drawn by way of a draw to be held on 26 February 2021, 26 March 2021, and 30 April 2021.
11. An independent person will monitor, verify and certify the draws and, except in so far as is provided for in the Consumer Protection Act 68 of 2008, his/her decision will be final and no correspondence will be entered into in this regard.
12. Winners may only claim one Prize or Social Media Prize with the winners that have been selected from the Prize not being eligible to win again on the Social Media Prize. Winners may not have previously won a Promoter’s competition more than once in a 90-day period. Any winners drawn who have won in the last 90 days will be disqualified from the Competition and another winner will be drawn.
13. The Promoter will use reasonable effort to contact the winners telephonically. Should the winner not be able to comply with the Promoters requirements or if after any and all reasonable steps are taken in order to contact the winner, the winner cannot be contacted within a reasonable period of time, the winner’s right to the Prize or Social Media Prize will be deemed to have been waived and the Prize or Social Media Prize will be forfeited. The Promoter reserves the right to award the Prize or Social Media Prize to the next randomly drawn Participant.
14. The Promoter may refuse to award the Prize or Social Media Prize if the entry procedures or these Rules have not been adhered to or if it detects any irregularities or fraudulent practices. Any violation or attempt to violate any of the above Rules will result in the immediate disqualification of the Participant.
15. The Participant or winners, by entering the Competition and furnishing the Promoter with the requested personal information, consents to the Promoter utilising and processing his/her personal information strictly for the purposes of the Competition.
16. The winner will be required to sign an acknowledgement of receipt of prize and may be requested to be photographed and identified in any media, which is inclusive of but not limited to television, radio, print publications and online sites in which the Competition receives exposure and for future marketing initiatives with the understanding that the winner may decline such an invitation.
17. Participants enter the Competition entirely at their own risk. The Promoter and its directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, any participating Bravo Group Sleep Products store and/or its subsidiaries cannot be held responsible or liable for any accident, injury, harm or loss suffered by any person or entity as a direct or indirect result of entering the Competition or suffered as a direct or indirect result of the utilisation in any way whatsoever of the Prize or Social Media Prize won in terms of the Competition.
18. Participants hereby agree to release and indemnify the Promoter and its directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors and subsidiaries and hold it harmless against any and all losses, harm, damages, rights, claims and actions of any kind in connection with the Competition, promotion or special offer or resulting from the participation in the Competition or acceptance, possession, use or receiving of any Prize or Social Media Prize relating to the Competition, including, without limitation, personal injuries, death and property damage, and claims based on publicity rights, defamation or invasion of privacy.
19. The Prize and Social Media Prize are non-transferable and all winner/s will have to claim their Prize or Social Media Prize within 30 days of the draw having taken place and at that time identify themselves with a valid identification document, proof of purchase and bank account confirmation letter or bank statement. The Prize or Social Media Prize will be paid via EFT (electronic funds transfer) into the winner’s nominated bank account, whereafter the Promoter shall have no further liability in respect of the Prize or Social Media Prize. Failure to claim the Prize or Social Media Prize or a refusal or inability to comply herewith will disqualify the winner and a new winner will be drawn in their place at the sole discretion of the Promoter.
20. Competition artwork is for illustrative purposes only. The Promoter cannot be held responsible for any errors, omissions and /or technical failures throughout this Competition.
21. The Promoter reserves the right to amend the Competition Rules if such amendment is necessary from a practical or fairness point of view. The Promoter shall have the right to terminate the Competition immediately and without notice for any reason beyond its control requiring this. In the event of such termination, all participants agree to waive any rights that they may have in terms of this Competition and acknowledge that they will have no recourse against the Promoter, its agents and staff.
22. Only BGSP bed’s paid in full will be eligible for entry into the Competition. If a Participant purchase by way of lay-by contracts, must be fully paid at the time of the applicable draw.
23. The above Rules are severable. This means that if any one rule is found to be unlawful, it will be removed and the remaining Rules will still apply.
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18.
CREDIT SALES COMPETITION
1. This is a promotional offer (“Promotion”) as defined in the Consumer Protection Act no 68 of 2008 (CPA), as amended from time to time. This Offer is subject to the National Credit Act no 34 of 2005 and Regulation and to the participant’s acceptance of the Terms and Conditions (Ts & Cs) set out herein.
The participant acknowledges that the participant has read and understood these Ts & Cs. These Ts & Cs will govern the Offer from any Bradlows, Russells, Sleepmasters, Rochester, Incredible Connection and Hi Fi Corp or any Company to whom the Company has ceded the rights and obligations.
2. Promotion:
This promotion is sponsored by the Company, Connect Financial Services (Pty) Ltd, a registered Credit Provider (NCRCP11158).
3. Promotion Period:
3.1. The Promotion will run from 1st of March 2021 7:00 to 31st May 2021 at 23:59. (“the Promotion Period”).
3.2. The Company reserves the right, in its sole discretion and to the extent permitted by law, to amend these Ts & Cs, at any time.
3.3. The Promotion is not transferable nor convertible into cash nor substituted in any manner except as permitted by law.
4. How to qualify:
The participant must have:
4.1. A valid account, in participant’s capacity.
4.2. Instore tent cards and Web notice from the Company inviting the participant to participate in the promotion.
4.3. Inviting customers to participate in the competition, all customer who applied and has an approved credit application during the promotion period, will qualify for the lucky draw conditional to the first instalment paid by close of business every month to qualify. In addition, Participants would get an additional entry into the draw for every R10,000-00 value of their credit application.
4.4. The winner consent to his/her name made public at the discretion of the Company.
4.5. These Ts and Cs do not negate the participants’ obligations to continue making the required payments. Note that these Ts & Cs do not replace the Ts & Cs of the Credit Agreement.
4.6. Each qualified participant will be entered into the draw, irrespective of the number of credit agreements applied for.
5. The Offer:
5.1. This Promotion is conducted in the ordinary course of business and is open to all existing customers who meet the qualifying criteria.
5.2. The draw date shall be the 15th June 2021 and an internal auditor will observe the draw.
5.3. The winner will be notified by SMS or a telephone call by the 17th June 2021.
5.4. The prize will be forfeited at the discretion of the promoter if the prize remains unclaimed after the stipulated dates.
5.5. The Company will not be liable for the technical failures relating to this Promotion that may result in an entry not being successfully submitted.
5.6. The prize may only be redeemed by an account holder who has a valid credit agreement with the Company that is up to date.
5.7. Promotion is not redeemable in conjunction with any other promotions by the Company.
5.8. This Offer is open to all customers that received an SMS, in-store promotion or web notice, above the age of 18, who are in possession of a valid identity document. Employees, agents or consultants or any other person who directly or indirectly controls or is controlled by the Company in respect of this Offer or the spouse(s), life partners or immediate family members cannot be a participant in this Promotion.
5.9. If the Company has not strictly enforced these Ts & Cs, the participant may not assume Ts & Cs have been waived or altered by the Company. These Ts & Cs will still apply, and the Company has right to enforce any of these Ts & Cs. Errors and omission may be accepted at the Promoter’s discretion.
6. The Prize
The winner will stand a chance to win:
6.1. First Prize: Contribution towards the account of the customer to the value of R10 000. If the nominated account balance is less than R10 000, the difference will be issued to the customer as a Gift voucher of the respective brand and valid for 6 months from the date of issue, refer to the brand website for gift voucher Terms and Conditions.
6.2. Second Prize: In-house brand TV to the value of R5000.
6.3. Third Prize: In-house brand Microwave to the value of R2000.
7. General
7.1 By entering into the Promotion, a Participant consent to the Promoter sending competition material during and after this Competition, in accordance with the Protection of Personal Information Act (“POPI”).
7.2 Participants of this Promotion are voluntarily providing their personal information as envisaged by POPI to the Promoter, its associated agencies and the third party service providers running the Competition in conjunction with the Promoter.
7.3 By entering this Promotion, Participants authorize the Promoter to collect, store and use (not share unless legally required to do so) personal information as envisaged by POPI of Participants for communication or statistical purposes. Participants are entitled to decline any marketing communication and inform the Promoter in writing should a Participant wish to be removed from all communication.
7.4 The Winner gives consent to participate in marketing activities, including having his/her photograph taken and published on the Promoter’s website or other media.
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19.
MOTHER'S DAY COMPETITION
1. This competition is promoted by JD Group a division of Pepkor Trading (Pty) Ltd (Reg. No. 1958/003362/07) and with Sleepmasters being a brand of the JD Group (the “Promoter”).
2. This Competition shall be conducted in accordance with the provisions of section 36 read with Regulation 11 of the Consumer Protection Act No. 68 of 2008.
3. These Terms and Conditions should be read together with the online terms and conditions displayed on the Sleepmasters website, sleepmasters.co.za
4. Competition Period
The Competition runs from 06th -09th May 2021, both dates inclusive. (the “Competition Period”). No entries will be accepted after midnight on 09th May 2021.
5. Who Can Enter (the “Participant”)
You are entitled to participate in this Competition if you are a natural person, 18 (eighteen) years or older, who is either a South African citizen or carries a valid work permit. The Promoter reserves the right, at any time, to verify the validity of a Participant (including but not limited to a participant’s identity and age) and to reject any Participant who has not complied with these terms and conditions. Errors and omissions may be accepted at the Promoter’s sole discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
6. Exclusions
Directors, members, employees, agents of, or consultants to the Promoter and its subsidiaries, their promotional partners and printers, their advertising and promotional agencies, supplier of goods or services in connection with this Competition, or if you are any of the aforementioned persons' immediate family, including spouses, life partners, parents, children and siblings, are excluded from being entered into this Competition.
7. How to Enter
The participant must go to the Sleepmasters Facebook page. All Moms please share tips on how you would turn your bedroom into a haven a stand a chance to win a Kenton Bedroom Suite and a Sleepmasters Seattle 152cm Queen Size Bed worth R7500.
8. Number of Entries per Participant
One entry per person
9. Entry Fee
There is no entry fee to participate in the Competition.
10. The Prize
1 x Sleepmasters Seattle 152cm (Queen Base Set) and 1 x 2 Piece Kenton Bedroom Suite worth R7500
Winning draw and Winner’s Rights and Obligations
10.1 The Winner (1) will be chosen randomly under the supervision of an independent accountant, registered auditor or attorney.
10.2 The draw will take place on the 11th May 2021, the winner will be posted and notified via a phone call. The winner will be contacted by head office and posted on the Bradlows Facebook page.
10.3 Should the Competition draw be postponed, a decision which will be in the sole discretion of the Promoter, to another date for any reason whatsoever, the new draw date will be published on the website cited below within 4 (four) days after the original draw date.
10.4 The random entry drawn will be independently audited by an independent accountant, registered auditor or attorney to establish whether it meets the Competition qualifying criteria and if so that the Participant will be the Winner (subject to the Promoter being able to contact the Winner). If the qualifying criteria are not met further random draws will take place until a randomly selected valid entry meets the eligibility criteria.
10.5 The Winner will be notified within 48 (forty-eight) hours of the random draw taking place. The Promoter will attempt contact the Winner at least 3 (three) times, but if the Promoter is unable to contact the Winner within 2 (two) days after the first attempt, through no fault of the Promoter, the Prize will be awarded to the next eligible Winner. The Winner will also be announced on the Promoter’s webpage.
10.6 If the Winner(s) is unable to attend, receive or utilize the prize or is uncontactable during the stipulated period, the entire prize will be forfeited at the discretion of the Promoter.
10.7 The Winner may be asked to participate in marketing activities, including by having his/her photograph taken, but he/she will be entitled to decline to do so.
10.8 The Prize is exclusively for the benefit of the Winner and is neither transferable nor exchangeable for cash or otherwise. The Prize must be taken up within 3 (three) weeks after the Winner has been announced.
10.9 The Winner will be required to complete a declaration acknowledging receipt of the price and that he/she is not connected to the Promoter as stipulated in clause 5 above.
10.10 By entering into the Competition, a Participant consent to the Promoter sending competition material during and after this Competition, in accordance with the Protection of Personal Information Act (“POPI”).
10.11 Participants of this Competition are voluntarily providing their personal information as envisaged by POPI to the Promoter, its associated agencies and the third party service providers running the Competition in conjunction with the Promoter.
10.12 By entering this competition, Participants authorize the Promoter to collect, store and use (not share unless legally required to do so) personal information as envisaged by POPI of Participants for communication or statistical purposes. Participants are entitled to decline any marketing communication and inform the Promoter in writing should a Participant wish to be removed from all communication.
10.13 By participating in this Competition, a Participant agrees to all the Competition Rules set out above, without exception.
10.14 The Winner agrees that upon winning the Prize, no further prizes in any competitions or give-away or similar campaign of Promoter or JD Group of which the Promoter forms part, will be awarded to the Winner for a period of 3 (three) months, irrespective of whether the Winner has entered or qualified prior to or after the date on which the Prize was awarded to the Winner.
11. General
11.1 The Promoter reserves the right to amend, modify, cancel or withdraw any aspect of this Competition in its sole discretion at any time without prior notice or liability. The Promoter cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Participants of this Competition agree that the Promoter will, subject to prevailing law, have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of the Prize, or from participation in this Competition.
11.2 The laws of the Republic of South Africa govern this Competition. If any provision or part of these Competition Rules is deemed void or otherwise unenforceable in law, then that provision or part shall be deemed excluded and the remainder of these Competition Rules shall remain in force. Any violation of these Competition Rules will result in the immediate disqualification of the transgressing Participant from the Competition.
11.3 The Promoters decision is final, and no correspondence will be entered into.
11.4 No liability shall lie on the Promoter in favour of any Participant, Winner (s) and/or third party arising from cancellation, suspension or termination. Therefore, the Participant waives any and all rights which they may have against the Promoter and hereby acknowledges that they will have no right of recourse or claim of any nature whatsoever against the Promoter.
11.5 A copy of these Competition Rules is available at sleepmasters.co.za
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20.
FATHER'S DAY COMPETITION
1. This competition is promoted by JD Group a division of Pepkor Trading (Pty) Ltd (Reg. No. 1958/003362/07) and with Sleepmasters being a brand of the JD Group (the “Promoter”).
2. This Competition shall be conducted in accordance with the provisions of section 36 read with Regulation 11 of the Consumer Protection Act No. 68 of 2008.
3. These Terms and Conditions should be read together with the online terms and conditions displayed on the Sleepmasters website, sleepmasters.co.za
4. Competition Period
The Competition runs from 17 June 2021 -20 June 2021, both dates inclusive. (the “Competition Period”). No entries will be accepted after midnight on 20 June 2021.
5. Who Can Enter (the “Participant”)
You are entitled to participate in this Competition if you are a natural person, 18 (eighteen) years or older, who is either a South African citizen or carries a valid work permit. The Promoter reserves the right, at any time, to verify the validity of a Participant (including but not limited to a participant’s identity and age) and to reject any Participant who has not complied with these terms and conditions. Errors and omissions may be accepted at the Promoter’s sole discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
6. Exclusions
Directors, members, employees, agents of, or consultants to the Promoter and its subsidiaries, their promotional partners and printers, their advertising and promotional agencies, supplier of goods or services in connection with this Competition, or if you are any of the aforementioned persons' immediate family, including spouses, life partners, parents, children and siblings, are excluded from being entered into this Competition.
7. How to Enter
The participants must go to the Sleepmasters Facebook page and share a happy moment/story in their lives with their dad and stand a chance to win a Sleepmasters Seattle King Bed Set worth R6000. It is within the Promoters sole discretion to disqualify any Participant who posts any inappropriate comment or uses inappropriate language on social media platforms or webpage.
8. Number of Entries per Participant
One entry per person
9. Entry Fee
There is no entry fee to participate in the Competition.
10. The Prize
1 x Sleepmasters Seattle 183CM King Bed Set worth R6000.
Winning draw and Winner’s Rights and Obligations
10.1 The Winner (1) will be chosen randomly under the supervision of an independent accountant, registered auditor or attorney.
10.2 The draw will take place on the 22 June 2021, the winner will be posted and notified via a phone call. The winner will be contacted by head office and posted on the Bradlows Facebook page.
10.3 Should the Competition draw be postponed, a decision which will be in the sole discretion of the Promoter, to another date for any reason whatsoever, the new draw date will be published on the website cited below within 4 (four) days after the original draw date.
10.4 The random entry drawn will be independently audited by an independent accountant, registered auditor or attorney to establish whether it meets the Competition qualifying criteria and if so that the Participant will be the Winner (subject to the Promoter being able to contact the Winner). If the qualifying criteria are not met further random draws will take place until a randomly selected valid entry meets the eligibility criteria.
10.5 The Winner will be notified within 48 (forty-eight) hours of the random draw taking place. The Promoter will attempt contact the Winner at least 3 (three) times, but if the Promoter is unable to contact the Winner within 2 (two) days after the first attempt, through no fault of the Promoter, the Prize will be awarded to the next eligible Winner. The Winner will also be announced on the Promoter’s webpage.
10.6 If the Winner(s) is unable to attend, receive or utilize the prize or is uncontactable during the stipulated period, the entire prize will be forfeited at the discretion of the Promoter.
10.7 The Winner may be asked to participate in marketing activities, including by having his/her photograph taken, but he/she will be entitled to decline to do so.
10.8 The Prize is exclusively for the benefit of the Winner and is neither transferable nor exchangeable for cash or otherwise. The Prize must be taken up within 3 (three) weeks after the Winner has been announced.
10.9 The Winner will be required to complete a declaration acknowledging receipt of the price and that he/she is not connected to the Promoter as stipulated in clause 5 above.
10.10 By entering into the Competition, a Participant consent to the Promoter sending competition material during and after this Competition, in accordance with the Protection of Personal Information Act (“POPIA”).
10.11 Participants of this Competition are voluntarily providing their personal information as envisaged by POPI to the Promoter, its associated agencies and the third party service providers running the Competition in conjunction with the Promoter.
10.12 By entering this competition, Participants authorize the Promoter to collect, store and use (not share unless legally required to do so) personal information as envisaged by POPI of Participants for communication or statistical purposes. Participants are entitled to decline any marketing communication and inform the Promoter in writing should a Participant wish to be removed from all communication.
10.13 By participating in this Competition, a Participant agrees to all the Competition Rules set out above, without exception.
10.14 The Winner agrees that upon winning the Prize, no further prizes in any competitions or give-away or similar campaign of Promoter or JD Group of which the Promoter forms part, will be awarded to the Winner for a period of 3 (three) months, irrespective of whether the Winner has entered or qualified prior to or after the date on which the Prize was awarded to the Winner.
11. General
11.1 The Promoter reserves the right to amend, modify, cancel or withdraw any aspect of this Competition in its sole discretion at any time without prior notice or liability. The Promoter cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Participants of this Competition agree that the Promoter will, subject to prevailing law, have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of the Prize, or from participation in this Competition.
11.2 The laws of the Republic of South Africa govern this Competition. If any provision or part of these Competition Rules is deemed void or otherwise unenforceable in law, then that provision or part shall be deemed excluded and the remainder of these Competition Rules shall remain in force. Any violation of these Competition Rules will result in the immediate disqualification of the transgressing Participant from the Competition.
11.3 The Promoters decision is final, and no correspondence will be entered into.
11.4 No liability shall lie on the Promoter in favour of any Participant, Winner (s) and/or third party arising from cancellation, suspension or termination. Therefore, the Participant waives any and all rights which they may have against the Promoter and hereby acknowledges that they will have no right of recourse or claim of any nature whatsoever against the Promoter.
11.5 A copy of these Competition Rules is available at sleepmasters.co.za
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20.
CREDIT SALES PROMOTION
1.This is a promotional offer (“Promotion”) as defined in the Consumer Protection Act no 68 of 2008 (CPA), as amended from time to time. This Offer is subject to the National Credit Act no 34 of 2005 and Regulation and to the participant’s acceptance of the Terms and Conditions (Ts & Cs) set out herein.
The participant acknowledges that the participant has read and understood these Ts & Cs. These Ts & Cs will govern the Offer from any Bradlows, Russells, Sleepmasters, Rochester, Incredible Connection and Hi Fi Corp or any Company to whom the Company has ceded the rights and obligations.
2. Promotion:
This promotion is sponsored by the Company, Connect Financial Services (Pty) Ltd, a registered Credit Provider (NCRCP11158).
3.Promotion Period:
3.1. The Promotion will run from 1st of July 2021 7:00 to 30th Sep 2021 at 23:59. (“the Promotion Period”).
3.2. The Company reserves the right, in its sole discretion and to the extent permitted by law, to amend these Ts & Cs, at any time.
3.3. The Promotion is not transferable nor convertible into cash nor substituted in any manner except as permitted by law.
4. How to qualify:
The participant must have:
4.1. A valid account, in participant’s capacity.
4.2. Instore tent cards and Web notice from the Company inviting the participant to participate in the promotion.
4.3. Inviting customers to participate in the promotion , all customer who applied and has an approved credit application during the promotion period, will qualify for the lucky draw conditional to the first instalment paid by close of business every month to qualify. In addition, Participants would get an additional entry into the draw for every R10,000-00 value of their credit application
4.4. The winner consent to his/her name made public at the discretion of the Company.
4.5. These Ts and Cs do not negate the participants’ obligations to continue making the required payments. Note that these Ts & Cs do not replace the Ts & Cs of the Credit Agreement.
4.6. Each qualified participant will be entered into the draw, irrespective of the number of credit agreements applied for.
5. The Offer:
5.1. This Promotion is conducted in the ordinary course of business and is open to all existing customers who meet the qualifying criteria.
5.2. The draw date shall be the 18th October 2021 and an internal auditor will observe the draw.
5.3. The winner will be notified by SMS or a telephone call by the 20th October 2021.
5.4. The prize will be forfeited at the discretion of the promoter if the prize remains unclaimed after the stipulated dates.
5.5. The Company will not be liable for the technical failures relating to this Promotion that may result in an entry not being successfully submitted.
5.7. Promotion is not redeemable in conjunction with any other promotions by the Company.
5.8. This Offer is open to all customers that received an SMS, in-store promotion or web notice, above the age of 18, who are in possession of a valid identity document. Employees, agents or consultants or any other person who directly or indirectly controls or is controlled by the Company in respect of this Offer or the spouse(s), life partners or immediate family members cannot be a participant in this Promotion.
5.9. If the Company has not strictly enforced these Ts & Cs, the participant may not assume Ts & Cs have been waived or altered by the Company. These Ts & Cs will still apply, and the Company has right to enforce any of these Ts & Cs. Errors and omission may be accepted at the Promoter’s discretion.
6. The Prize
The winner will stand a chance to win:
6.1. First Prize Contribution towards the account of the customer to the value of R10 000. If the nominated account balance is less than R10 000, the difference will be issued to the customer as a Gift voucher of the respective brand and valid for 6 months from the date of issue, refer to the brand website for gift voucher Terms and Conditions.
6.2. Second Prize In-house brand TV to the value of R5000.
6.3. Third Prize In-house brand Microwave to the value of R2000.
7. General
7.1 By entering into the Promotion, a Participant consent to the Promoter sending promotion material during and after this promotion, in accordance with the Protection of Personal Information Act (“POPIA”).
7.2 Participants of this Promotion are voluntarily providing their personal information as envisaged by POPIA to the Promoter, its associated agencies and the third party service providers running the promotion in conjunction with the Promoter.
7.3 By entering this Promotion, Participants authorize the Promoter to collect, store and use (not share unless legally required to do so) personal information as envisaged by POPIA of Participants for communication or statistical purposes. Participants are entitled to decline any marketing communication and inform the Promoter in writing should a Participant wish to be removed from all communication.
7.4 The Winner gives consent to participate in marketing activities, including having his/her photograph taken and published on the Promoter’s website or other media.
